Loading...
HomeMy WebLinkAboutMinutes 1970-1973 pt. 5'J d 6 In the Council Chambers of the City of San Rafael, Thursday, October 26th, 1972 at 8:00 o'clock P.M. Adjourhed Regular Meeting of the San Rafael City Council and meeting of the San Rafael Redevelopment Agency, a joint session: Present: Councilmen/Agency Members: Fred E. Jensen John A. Miskimen Lawrence E. Mulryan C. Paul Bettini Absent: Councilman/Agency Member: Harry A. Barbier RE: PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING A REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT - File 140 Mayor/Chairman Bettini declared the public hearing open. The transcript of the proceedings in this matter are on file in the office of the City Clerk /Agency Secretary and by reference made a part of these minutes. Respectively submitted, MARION A. GRADY City Clerk/Agency Secretary Approved this �, day of C , 1972-- G MAYOR OF THE CITY`0F SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, October 30th, 1972 at 8:00 o'clock P.M. Regualr Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman PUBLIC HEARINGS RE: APPEAL OF PLANNING COMMISSION'S DENIAL OF GPC USE PERMIT, 1408 MISSION AVENUE, R. STANLEY DOLLAR, JR., REPRESENTED BY THOMAS E. SCHAAL - File 10-5 Mayor Bettini declared the hearing open. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to continue the hearing to Novem- ber 8th, 1972 at 8:00 o'clock P.M. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REZONING 1408 MISSION AVENUE FROM R-1 AND R- TRICT TO P -C PLANNED COMMUNITY DISTRICT WI Mayor Bettini declared the hearing open. (SINGLE FAMILY AND MULTIPLE FAMILY RESIDENTIAL) DIS - ATTENDANT USE PERMIT. R. STANLEY DOLLAR, JR.. RE - Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to continue the public hearing to November 8th, 1972 at 8:00 o'clock P.M. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REZONING 4040 CIVIC CENTER DRIVE (NORTHGATE EAST) NORTHGATE EAST, OWNER, ARTHUR NICOLAISEN, REPRE- SENTATIVE FROM P -C to P -C DISTRICT. Z72-10 - File 10-3 Mayor Bettini declared the hearing open. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to continue the public hearing to November 20th, 1972 at 8:00 o'clock P.M. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPEAL OF PLANNING COMMISSION'S APPROVAL OF TOWNHOUSE AND APARTMENT COMPLEX SAN PABLO AVENUE, McCARTHY COMPANY OF NORTHERN CALIFORNIA, OWNER. (GPC72-2 - File 10-5 Mayor Bettini declared the hearing open. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to continue the public hearing to November 8th, 1972 at 8:00 o'clock P.M. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REZONING PROPERTY ON SAN PABLO AVENUE ACROSS FROM THE CIVIC CENTER CONTAINING APPROXIMATELY 54 ACRES FROM "U" UNCLASSIFIED DISTRICT TO PUD -R-1 AND PUD -3 PLANNED UNIT DEVELOPMENT - SINGLE FAMILY AND MULTIPLE FAMILY RESIDENTIAL DISTRICTS. McCARTHY COMPANY OF NORTHERN CALIFORNIA, OWNER - File 10-3 Mayor Bettini declared the hearing open. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to continue the public hearing to November 8th, 1972 at 8:00 o'clock P.M. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REZONING LOCUST AVENUE AND GOLD HILL GRADE FROM R-1 AND R -1-B-2 (SINGLE FAMILY RESIDENTIAL MINIMUM BUILDING SITE AREA 5,000 AND 10,000 SQUARE FEET) DISTRICTS TO THE R -1-B-3 SINGLE FAMILY RESIDENTIAL MINIMUM BUILDING SITE AREA 20,000 SQUARE FEET DISTRICT. MR. JACK NIXON REPRESENTING PROPERTY OWNERS ON LOCUST AVENUE - File 10-3 Mayor Bettini declared the hearing open. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to continue the public hearing to November 8th, 1972 at 8:00 o'clock P.M. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None '� eI D RE: APPEAL OF DENIAL OF USE PERMIT, 43 E. CRESCENT AVENUE, LUDVIK LIMBERGER (UP 72-93) - File 10-5 Mayor Bettini decla.ced the hearing open. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to continue the public hearing to November 8th, 1972 at 8:00 o'clock P.M. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ORDINANCE REGULATING INTRUSION, DETECTION AND/OR BURGLAR ALARM AND FIRE ALARM SYSTEMS - File 9-3-30 x 13-8-1 Mayor Bettini continued this public hearing to November 20th, 1972 at 8:00 o'clock P.M. RE: ZONING ORDINANCE AMENDMENT(Z72-21) - TO DELETE THE SECOND PARAGRAPH OF SECTION 14.30.020(a) AND THE FOURTH PARAGRAPH OF SECTION 14.32.020(b) - File 10-3 Mayor Bettini declared the hearing open. Motion was made by Councilman Mulryan, seconded by Councilman Jensen, to continue the public hearing to November 8th, 1972 at 8:00 o'clock P.M. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ZONING ORDINANCE TEXT AMENDMENT TO ADD CERTAIN DEFINITIONS TO CHAPTER 14.08 AND TO AMEND CHAPTER 14.75 AS THAT CHAPTER RELATES TO CERTAIN USES AND MAKING CERTAIN DELETIONS - File 10-3 Mayor Bettini declared the hearing open. Motion was made by Councilman Miskimen, seconded by Councilman Jensen, to continue the public hearing to November 8th, 1972 at 8:00 o'clock P.M. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: COURTHOUSE SOUARE - File 124 Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, to reaffirm the City's under- standing that the area in the northwest corner of the Courthouse Square was to remain in open space as depicted on the site plan and as passed by the Planning Commission. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4307 - RESOLUTION ACCEPTING GRANT OF PROPERTY. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Mayor Bettini asked all present to stand for a moment of silence in memory of Councilman Harry A. Barbier. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated October 30th, 1972, and Advice on Payroll dated October 20th, 1972, and now on file in Finance office to which reference is hereby made for further particulars: CLAIMS: GENERAL FUND CAPITAL IMPROVEMENT FUND EAST SAN RAFAEL DRAINAGE ASSESSMENT DIST. #1 PAYROLL: Council adjourned. GENERAL FUND PARKS FUND LIBRARY FUND PARKING METERS $ 2,496.91 90,963.66 16,059.08 109,519.65 $ 129,688.44 6,445.50 5,742.12 $ 142,610-52 $ 734.46 MARION A. GRADY,�CityCly Approved this day of 19 J2— MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Monday, November 6th, 1972 at 6:30 P.M. Special Meeting: RE: SAN RAFAEL REDEVELOPMENT - File 140 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman The Council discussed the possible litigation with the County of Marin in connection with the San Rafael Redevelopment plan. Meeting adjourned. )%%Cc/u—t r ( CL c c MARION A. GRADY, City Clerk 10, Approved this /S TL day of e 19 7 2— MAYOR MAYOR OF THE CIT OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, November 6th, 1972 at 7:00 o'clock P.M. Special Meeting: RE,: SAN RAFAEL REDEVELOPMENT - File 140 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman The San Rafael City Council and San Rafael Redevelopment Agency met in joint session with the members of the San Rafael Board of Education to consider a proposal for the allocation of redevelopment tax incre- ment funds to the San Rafael School District. Meeting adjourned. MARION A. GRADY, City Clerk Approved this IJ -7''(' day ofj/, 19 7z— MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, November 6th, 1972 at 8:00 o'clock P.M. Regular Meeting: RE: SAN RAFAEL REDEVELOPMENT AGENCY - File 140 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman 37 The San Rafael City Council and San Rafael Redevelopment Agency met in joint session in a continuation of the public hearing of October 26th, 1972 The transcript of the proceedings in this matter are on file in the office of the City Clerk/Agency Secretary and by reference made a part of these minutes. Mayor Bettini declared the City Council meeting of November 6th open and continued to November 7th. RE: SAN RAFAEL REDEVELOPMENT - File 140 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to incorporate the recommendations of the San Rafael Planning Commission into the San Rafael Redevelopment plan. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None An ordinance of the City of San Rafael approving and adopting the Central San Rafael Redevelopment plan and making certain findings and determinations pursuant to the community redevelopment law of the State of California, and numbering Ordinance No. 1079 was introduced. City Clerk Marion Grady read the title of the ordinance. On motion of Councilman Jensen, seconded by Councilman Miskimen, the passage of the ordinance be by title only. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Miskimen, Ordinance No. 1079 be passed to print by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPROVAL OF MINUTES Motion was made by Councilman Jensen, seconded by Councilman Miskimen, and carried, the minutes of the Special Meeting of September 7th, 1972, a true and correct copy having been heretofore submitted to each member, were approved. RE: ENVIRONMENTAL IMPACT REPORT - File 10-2 Addition to the list of things classified as trivial and not requiring environmental impact reports was continued to the meeting of November 8th, 1972. On recommendation of the Planning Staff, it was moved by Councilman Jensen, seconded by Councilman Mulryan that the development of the Martinelli property at 1327 Lincoln Avenue is considered trivial and will not require an environmental impact report. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councllmen: None Absent: Councilmen: None RE: PRESENTATION OF RESOLUTIONS BY SAN RAFAEL TOWN MEETING ASSOCIATION - File 103 The presentation of resolutions by the San Rafael Town Meeting Association was continued to November 8th, 1972. RE: UTILITY STORAGE BUILDING FOR PARKS AND RECREATION DEPARTMENT - File 9-3-66 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that the bid be awarded to Romac Pacific of San Rafael for $4,685.00. RESOLUTION NO. 4325 - RESOLUTION AWARDING BID FOR UTILITY STORAGE BUILDING. (Romac Pacific Company) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PURCHASE OF AERIALLIFT TRUCK - File 9-3-40 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the Public Works Department be authorized to purchase a GMC Truck Cab and Chassis to specifications from Stan Wisness GMC, San Rafael for the amount of $2,851.37• RESOLUTION NO. 4326 - RESOLUTION AWARDING BID FOR ONE 9000 GMC TRUCK CHASSIS WITH CAB. (Stan Wisness Pontiac GMC) Ayes: Councilmen: Jensen, Miskimen, Muliyan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the Public Works Department be authorized to have Service Manufacturing Company in San Leandro supply and install lift equipment, service body and accessory equipment to specifications on GMC Truck for the amount of $5475.00. RESOLUTION NO. 4327 - RESOLUTION AWARDING BID FOR SUPPLYING & INSTALLING ONE TLESCOPING LIFT & SERVICE BODY. (Service Manufacturing Company) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BUILDING PERMIT FOR CONSTRUCTION OF STREETS AND UTILITIES IN MOBILE HOME PARK, SMITH RANCH ROAD - File 9 - Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the Building Inspector be authorized to issue a building permit for the construction of streets and utilities in Mobile Home Park on Smith Ranch Road pending enlargement of the facilities of the Las Gallinas Valley Sanitary District and subject to the approval by City Attorney Fred C. Robbins, Jr., of a hold harmless letter from U.S. Communities, Inc. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BUILDING PERMIT FOR FIREMEN'S FUND INSURANCE COMPANY - File 9-8 Chief Building Inspector, Jack Coates stated that the Firemen's Fund Insurance Company would be unable to receive sewer service from the Las Gall inas Valley Sanitary District. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to permit the issuance of a build- ing permit subject to the City Attorney's approval of a letter or agreement holding the City harmless. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARKING AND PARKING LIMITS - NORTHGATE MALL - File 11-8 At the request of M & T Inc. for an ordinance allowing the San Rafael Police to issue parking citations in the shopping center, the City Attorney was requested to prepare an ordinance. RE: COURTHOUSE PROPERTY - DEED TO CITY OF SAN RAFAEL - File 2 -1 - RESOLUTION NO. 4321 - RESOLUTION ACCEPTING DEED TO COURTHOUSE PROPERTY. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SANITARY SEWER RECONSTRUCTION PROJECT - File 4-1-189 Motion by Councilman Jensen, seconded by Councilman Mulryan to accept the offer of Judge and Mrs. Jordan Martinelli to permit traffic to pass over a portion of their property in accordance with the conditions set forth in the letter of October 11, 1972 from City Attorney Fred C. Robbins, Jr., and signed by Jordan L. Martinelli and Genevieve C. Martinelli. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LAS COLINDAS UNIT 10 SUBDIVISION - File 5-1-191 RESOLUTION NOL 4311 - RESOLUTION REMOVING ONE (1) FOOT NON -ACCESS STRIP FROM THE WESTERLY TERMINUS OF LAS RAPOSAS ROAD AS SHOWN ON THE RECORD SUBDIVISION MAP OF ''LAS COLINDAS UNIT TEN'' Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4312 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (John R. and Mary I. Bell) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None 339 RE: GRANT OF SANITARY SEWER EASEMENT - HARLEY A. USSERY - File 2-2 RESOLUTION NO. 4313 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. (Harley A. Ussery) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BELLAM BOULEVARD AND JACOBY STREET INTERSECTION - File 11-15.1 City Attorney, Fred Robbins, Jr. briefed the Council on the terms of the agreement for the exchange of property with Mr. Walker for the Bel lam Boulevard and Jacoby Street Intersection. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the terms of the agreement be approved and the City Attorney instructed to draw an ordinance for the exchange of the property. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PURCHASE OF VIDEO -RECORDER THROUGH FEDERAL GRANT - File 9-3-30 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to appropriate $787.20 for a Video -Recorder through a Federal Grant for the Police Department. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EMPLOYEE ASSOCIATIONS - File 7-8 Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to authorize the Assistant City Manager, William Bielser to meet with the Marin County Employees Association regarding recognizing that organization as a bargaining agent for miscellaneous employees. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor. Bettini Noes: Councilmen: None Absent: Councilmen: None RE: COVENANT BETWEEN PAYL J. FELTON AND CITY FOR FOUR ON-SITE AUTOMOBILE PARKING SPACES - File 4-11-46 RESOLUTION NO. 4317 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Paul J. Felton) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM - DAMAGE TO REAR OF AUTOMOBILE - W. P. MACAULAY - File 3-1-14 Claim of W. P. MacAulay in the amount of $221.15 for damage to his automobile caused by street tree too close to the curb was presented. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the claim be denied and referred to the city's insurance carrier. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PROPERTY DAMAGE - RICHARD G. OLD - File 3-1-18 Claim from Richard G. Old in the amount of $149.19 for damages caused by a fall at 158 Paul Drive oras presented. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to pay the claim and the City At- torney to prepare a release. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PROPERTY DAMAGE - GARY R. BREKKE - File 3-1-19 Claim for damage to a 1972 GMC Pick-up Tryck in the amount of $3,342.16 caused by accident with San Rafael Police car was presented. Motion was made by Councilman Miskimen, seconded by Councilman Jensen, the claim be denied and referred to the City's insurance carrier. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PERSONAL INJURIES - MRS. DOROTHY THIELE - File 3-1-20 A claim for personal injuries caused by a fall at the intersection of Mission Avenue and Court Street was received. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the claim be denied and referred to the City's insurance carrier. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BLACK CANYON PROPERTY - File 2-1-39 Mayor Bettini suggested that the Council consider renaming the Black Canyon Park Site in memory of Council- man Harry A. Barbier, Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that Black Canyon Park be hereafter called Harry Barbier Memorial Park. RE: ONE-WAY STREETS - File 11-14 At the suggestion of the Department of Public Works, the Council agreed to implement the one-way street system after January 1st, 1973. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated November 6th, 1972, and Advice on Payroll dated November 3rd, 1972, and now on file in Finance office to which reference is hereby made for further particulars: Claims: Payroll: GENERAL FUND $ LIBRARY FUND PARKING DISTRICT CAPITAL IMPROVEMENT STORES EQUIPMENT REPLACEMENT PARKING METERS EAST SAN RAFAEL DRAINAGE ASSESS- MENT DISTRICT 52,120.08 $ 115,688.56 16,048.01 2,086.36 7.86 44,881.71 70.65 471.92 1.97 GENERAL FUND PARKS FUND LIBRARY FUND PARKING METERS Council adjourned to November 8th, 1972 at 7:30 P.M. $ 131,523.72 6,445.50 5,843.38 $ 144,614.-17 $ 801.34 MARION A. GRADY, City Clerk Approved th i s,AWday of, DI—e-e _ 19 7L . MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Wednesday, November 8th, 1972 at 7:30 o'clock P.M. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: BOARD OF REVIEW - File 9-2-12 The Council met in executive session to consider the appointment to the Board of Review. Meeting adjourned. MARION A. GRADY, City Clerk Approved this IYA-day of ./cam 19 • j CGCG .G64, MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Wednesday, November 8th, 1972 at 8:00 o'clock P.M. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. MuI ryan, Counci 1man RE: CITY ATTORNEY'S RULING IN CASE OF TIE VOTE - File 9-1 City Attorney, Fred C. Robbins, Jr. stated that according to the Charter, the City Council must act by majority vote, three out of five. Any motion ending in a tie vote is a "no action" vote and does not carry. In such a case the action of the Planning Commission stands whether it is to approve or deny a request. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF GPC USE PERMIT AT 1408 MISSION AVENUE, R. STANLEY DOLLAR, JR. REPRESENTED BY THOMAS E. SCHAAL - File 10-5 RE: �RZONiNr, 14nR mlq_SjnN AVE.- _F_ M_R-1._&_.R-3 TO. P—CSI-ST-R_IC-T__W_l--H—ATTENDAN T -USE PERMIT, R-, STAN -LEY -DOLLAR, REPRESENTED BY THOMAS E. SCHAAL - File 1.0-3 Mayor Bettini declared the public hearings open and the Council heard both matters simultaneously. Planning Director Herbert G. Hotchner stated that the staff report and the Planning Commission minutes in connection with this item had been submitted to the Council and displayed a site plan. Mr. Thomas Schaal, the applicant and appellant addressed the Council stating that under current zoning the apartment structure could be built on Mission Street which would mean the removal of trees on the front portion of the property. He presented an alternate plan for increasing the number of units in the apartment house and not constructing the townhouses on the rear of the property. The Council felt that only the matter which is being appealed can be considered at this time. Mr. Carlos R. Freitas spoke in favor of the development. Mr. Albert Bianchi representing all of the property owners in the Bryn Mawr area who live adjacent to this project stated that the people he represents have no objection to the development of this property in accordance with its current zoning. He stated, hoever, that the GPC ordinance adopted by the Council would not permit the type of use being proposed in this plan. Mr. George J. Silvestri, Jr. representing the San Rafael Historical Preservation Society stated that this plan is in violation of the GPC ordinance and that there are more acceptable alternatives to the present plan. Mrs. Mary Dekker presented a petition of 1466 signatures protesting the development. Mr. Bryce Anderson appearing as Chairman of the Library Board pointed out the hazard to pedestrian traf- fic using the library if the proposed density is allowed. Mr. John Bryan, Director of Strybing Arboretum at Golden Gate Park discussed the magnolias and other rare trees on the property. Mr. Richard Fox and Mr. Steven Thomas also addressed the Council in this matter. Mayor Bettini declared the hearing closed. Motion was made by Councilman Mulryan, seconded by Councilman Jensen, to deny the GPC Use Permit. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Miskimen, seconded by Councilman Jensen, to deny the rezoning. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION APPROVAL (GPC 72-2) SAN PABLO AVENUE, McCARTHY COMPANY OF NORTHERN CALIFORNIA, OWNER - File 10-5 RE: PUBLIC HEARING - REZONING SAN PABLO AVENUE FROM "U" UNCLASSIFIED TO PUD -R-1 AND PUD R-3 - MCCARTHY COMPANY OF NORTHERN CALIFORNIA, OWNER - File 10-3 Mayor Bettini declared both public hearings open and the matters were considered concurrently. Planning Director, Herbert G. Hotchner advised the Council that they had before them copies of the Plann- ing Commission minutes and briefed them on the application and the actions of the Planning Commission to this date. Mr. Joseph Forest, attorney, representing the Terra Linda Homeowners Association appealing the approval of the townhouse and apartment complex stressed the mandates in the GPC ordinance and submitted that it is highly unlikely the use proposed will be consistent with the eventual zoning requirements, and re- quested the Council to overrule the Planning Commission and grant the appeals. Mrs. Tina Ferris, Save San Pedro Peninsula Committee stated that she concurs in Mr. Forest's remarks. Mrs. Patricia Moezzi, 10 Portola Avenue, an appellant in this hearing, appealed the approval on the basis of the open space element of the Marin Countywide Master Plan which San Rafael has adopted in principle and the density of housing in the vicinity of the Marin County Civic Center. Planning Director, H.erb.ert G. Hotchner stated that the environmental impact statement presented by the Murray -McCormick Environmental group does not constiture an environmental impact report as required by law. Andrew James Ring III opposed the development as it would set a precedent for excessive density on hill- side. Mr. Albert Bianchi, attorney representing the McCarthy Company of Northern California pointed out that the plan meets the requirements of the GPC ordinance. He discussed the details of the site plan as dis- played. He pointed out that landscaping and berms have been planned in order to shield the project from the exisitng houses in Portola Gardens. Also, that the Countywide Plan shows the area not in open space but as developed land. Mr. Don Sandy, architect pointed out the amenities of the design on a site section and photo concept of the development. Carl Brown, Executive Director of the Redwood Empire Builders Association stated that this type of housing is vitally needed in the area to give the working man the housing he can afford to buy. Joyce Rifkind, Member of the Save San Pedro Peninsula Committee urged the Council to withhold a decision until the housing element of the new General Plan is adopted. Mayor Bettini declared the hearing closed. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to grant the appeal. Ayes: Councilmen: Miskimen, and Mulryan Noes: Councilmen: Jensen and Mayor Bettini Absent: Councilmen: None Motion was made by Councilman Mulryan, seconded by Councilman Jensen, the matter of rezoning the property be sent back to the Planning Commission for preparation of an environmental impact report. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING LOCUST AVENUE AND GOLD HILL GRADE FROM R-1 AND R -1-B-2 TO R -1-B-3 DISTRICT - JACK NIXON REPRESENTING PROPERTY OWNERS - File 10-3 At the request of the applicant, Mayor Bettini continued this public hearing to November 20th, 197$ at 8:00 o'clock P.M. RE: PUBLIC HEARING - APPEAL OF DENIAL OF USE PERMIT, 53 E. CRESCENT AVENUE, LUDVIK LIMBERGER (UP72-93) - File 10-5 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner presented a resume of Planning Commission actions. Mr. Nathan Hale, owner of the property and the appellant in this case requested that the appeal be withdrawn. Mayor Bettini declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to deny the appeal. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - ZONING TEXT AMENDMENT (Z72-21) TO DELETE SECOND PARAGRAPH SECTION 14.30.020(a) AKD FOURTH PARAGRAPH SECTION 1 .32.020 b - File 10-3 Mayor Bettini declared the hearing open. Planning Director Herbert Hotchner reported that these paragraphs were rendered incorrect and superfluous when Chapter 14.11 was added to the Zoning Ordinance and the Planning Commission recommends the amendment to the zoning ordinance text. Mayor Bettini declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Mulryan,that the following ordinance be passed to print. An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by deleting certain paragraphs under subsections 14.30.020(a) and 14.32.020(b) which paragraphs were rendered incorrect and superfluous when Chapter 14.11 was added to the zoning ordinance, and numbering Charter Ordinance No. 1080 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: None RE: PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT TO ADD CERTAIN DEFINITIONS TO CHAPTER 14.08 AND TO AMEND CHAPTER 14-75 - File 10-3 This text amendment is in conjunction with the Locust Avenue rezoning and Mayor Bettini carried the matter over to the meeting of November 20th, 1972. RE: PUBLIC HEARING - APPEAL OF GPC 72-6 ENTATIVE MAP OF PEACOCK GAP UNIT 5 - File 10-5 Peacock Gap Homeowners Association and Mr. Julius Selinger request that the matter be carried for thirty days. Mayor Bettini carried the matter over to the meeting of December 4th, 1972. RE: CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 - File 10-2 RESOLUTION NO. 4314 - A RESOLUTION AMENDING RESOLUTION NO. 4310 ADDING TO THE LIST OF MATTERS CLASSIFIED AS TRIVIAL AND NOT REQUIRING ENVIRONMENTAL IMPACT REPORTS. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PRESENTATION OF RESOLUTIONS BY SAN RAFAEL TOWN MEETING ASSOCIATION - File 103 Mr. Steven Sachs made a formal presentation of Resolutions adopted at the San Rafael Town meeting. RE: FIRE DEPARTMENT - STUDENT DISPATCHER PROGRAM - File 9-3-31 Fire Chief Robert Marcucci discussed the program for bringing the Terra Linda Community Services District volunteers over the age of eighteen years into the San Rafael Fire Department in a Student Fire Dispatch- ing Program. The Council authorized the Chief to work out a program and determine the cost. RE: SAN RAFAEL GENERAL PLAN - File 115 A letter from Duncan and Jones setting forth a program for citizen participation in the General Plan Pro- gram was discussed. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to approve the concept and to ask Mr. Richard Rodriques to work with the City staff to develop a program for forming such a committee. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ABANDONMENT OF 5' WIDE SANITARY SEWER EASEMENT - 338 FAIRHILLS DRIVE - File 2-12 /5 RESOLUTION NO. - RESOLUTION OF INTENTION TO VACATE VARIOUS EASEMENTS. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC COMMITTEE RECOMMENDATIONS FOR STOP SIGNS - File 11-9 RESOLUTION NO. 4316 - A RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. (1) On Arias Street at Las Pavadas Avenue (2) On El Cerrito at Culloden Park Road (3) On Jewell Street at Mission Avenue (4) On Hillside at Spring Grove Avenue) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: OPEN SPACE ACQUISITION PROGRAM - File 9-4 x 13-14-1 Assistant City Manager, William Bielser presented..a recommendation to the Council that the acquisition of open space should be closely coordinated with the revision of the General Plan. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that the Council adopt a policy of withholding any expenditure of money until the General Plan is adopted, and to contribute no more than 50% of the cost of open space along with reasonable appraisal fees subject to the project being approved by the Council as a benefit to the City as a whole. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Councilman Lawrence Mulryan was excused from the meeting. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to pay the Mont Marin Homeowners Association Assessment District for approximately one-half the cost of acquisition of property in the amount of $158,750.00 Ayes: Councilmen: Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Mu.l.ryan Councilman Mulryan returned to the meeting. '� 4 i) RE: EMERGENCY SERVICES ORGANIZATION OF THE CITY OF SAN RAFAEL (CIVIL DEFENSE AND DISASTER) - File 13-11 An ordinance of the City Council of the City of San Rafel relating to the repeal of Title 7 of the City of San Rafael Municipal Code entitled Civil Defense and Disaster, including Chapters 7.04, 7.08, 7.12 and 7.16 and re-enacting Title 7 entitled Emergency Services Organization of the City of San Rafael Municipal Code, and numbering Charter Ordinance No. 1085 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: None RESOLUTION NO. 4324 - OPERATIONAL AREA JOINT RESOLUTION (Emergency Services Organization of the City of San Rafael) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FEDERAL AID URBAN SYSTEM PROJECT - File 11-15 Director of Public Works Norris Rawles and City Engineer Ely Caillouette, Jr. reported on the results of a meeting of the Marin County Federal Aid Urban System Committee. The City Council authorized advertis- ing for an Assistant Civil Engineer and requested that details of the project and a rough estimate of the cost be provided at the meeting of November 20th, 1972. RE: PROPOSAL TO REDUCE NUMBER OF BANK ACCOUNTS - File 8-8 City Treasurer, John Averett submitted a proposal recommending a reduction of the bank deposit accounts now maintained by the City of San Rafael. The Council accepted the plan as presented. RE: ACCOUNTING AND FINANCE PROCEDURES - File 8-13 Councilman Miskimen, Chairman of the Finance Committee suggested that he and John Averett meet with the City auditors to review some of the finance procedures. This action meetings the approval of the City Council. RE: AGREEMENT BETWEEN COUNTY OF MARIN AND THE CITY OF SAN RAFAEL FOR EXCHANGE OF LIBRARY SERVICES - File -13-30 RESOLUTION NO. 4354 - RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO SIGN THE AGREEMENT. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilman: {Done Absent: Councilmen: None RE: REPORT ON RESPONSE TO CHAMBER OF COMMERCE AIRPORT COMMITTEE REGARDING JOINT USE OF HAMILTON F_L=LD AIR FORCE BASE FACILITIES - File 12-12 The Council agreed to go on record that the City is concerned regarding the joint use of Hamilton Air Force Base Facilities and should not leave the decision to the complete discretion of the City of Novato. RE: BOARD OF REVIEW - File 9-2-12 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, that Fred Saccone be appointed to the Board of Review to fill the term of J. La Noue expiring June 30, 1973• RE: APPOINTMENT TO CITY COUNCIL TO FILL VACANCY - File 9-1 November 20th, 1972 was set as a deadline for filing applications for appointment to the vacancy on the City Council caused by the death of Harry Barbier. RE: HEARING DATE FOR MARIN COUNTYWIDE PLAN - File 4-13-24 City Manager, James McCown was requested to check with the County regarding their schedule of hearing dates with other cities and report back at the meeting of November 20th. Council adjourned to Monday, November 20th, 1972. �%!c./LL-Uig u ^ • ,�� a—a ' MARION A. GRADY, City Clerk Approved this day of 1973 �C01 MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Monday, November 20th, 1972 at 7:00 o'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. MuIryan, Councilman RE: PARKS AND RECREATION COMMISSION - File 9-2-4 The Council met in executive session to interview applicants for the three Commission seats which expired in October. MARION A. GRADY, City Clerk App roved th i s /,j /c day of ✓c 1973 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, November 20th, 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. Mulryan, Councilman RE: APPROVAL OF MINUTES Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, and carried, the minutes of the Adjourned Regular Meeting of September 11th, Regular Meeting of September 18th, and Adjourned Regular Meeting of September 25th, 1972, a true and correct copy having been heretofore submitted to each member, were approved. RE: REDEVELOPMENT - File 140 The City Council recessed to act as a Redevelopment Agency. Council reconvened at 8:30 P.M. CHARTER ORDINANCE NO. 1079 - An ordinance approving and adopting the Central San Rafael Redevelopment Plan and making certain findings and determinations pursuant to the Community Redevelopment Law of the State of California, and numbering Charter Ordinance No. 1079 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: None RE: PARKS AND RECREATION COMMISSION - File 9-2-4 Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to reappoint Mrs. Norman Wall and Mr. Robert Schoen and to appoint Mr. John Govi to the Parks and Recreation Commission all for four year terms expiring October, 1976. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING LOCUST AVENUE AND GOLD HILL GRADE FROM R-1 AND R -1-B-2 TO R-1-13-3 DISTRICT - File 10-3 RE: ZONING ORDINANCE TEXT AMENDMENT TO ADD CERTAIN DEFINITIONS TO CHAPTER 14.08 AND TO AMEND CHAPTER 14.75 - File 10-3 Mayor Bettini declared the public hearing on the rezoning and the zoning ordinance text amendment open and the Council heard the matters simultaneously. Senior Planner, Charles Linthicum briefed the Council on the h-arings held by the Planning Commission and its recommendations to rezone the subject property and to amend the zoning ordinance text subject to re- view by the City Attorney. Mr. Jack Nixon addressed the Council in favor of the rezoning. Mayor Bettini declared the hearings closed. 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 prop- erty from A R-1 & R-1-13-2 (Single Family Residential Minimum Building Site Area 5,000 and 10,000 Square Feet, respectively) Districts to A R -1-B-3 (Single Family Residential Minimum Building Site Area 20,000 Square Feet) District, and numbering Charter Ordinance No. 1081 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: None An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by adding certain definitions to Chapter 14.08 and amending Chapter 14.75 as that Chapter relates to certain uses and making certain deletions, and numbering Charter Ordinance No. 1082 was read, introduced and ordered passed to print by the following -vote, towit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT ADDING CHAPTER 14.70 CREATING A COMMUNITY SERVICE COMBINED DISTRICT TO CREATE ZONING REGULATIONS COMPARABLE TO THOSE PRESENTLY IN EFFECT IN THE TERRA LINDA COMMUNITY SERVICE DISTRICT AREA - File 10-3 RE PUBLIC HEARING - PREZONING (PREZ72-20) TERRA LINDA COMMUNITY SERVICE DISTRICT - File 10-3 Mayor Bettini declared the hearing open on both the zoning text amendment and the prezoning and the Coun- cil heard the matters simultaneously. There being no one present speaking for or against the amendment or the prezoning, the Mayor declared the hearing closed. An ordinance of the City Council of the City of San Rafael amending Title 14, Zoning, of the Municipal Code by adding Chapter 14.70 CSD (Community Service Combined District) in order to create the capacity to zone the existing developed area known as the Terra Linda Community Service District to comparable zoning which existed prior to annexation to the City of San Rafael, and numbering Charter Ordinance No. 1084 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: None 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 prezone portions of the Terra Linda Community Service District to zoning districts which are comparable to existing zoning in the area, and numbering Charter Ordinance No. 1083 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: None RE: ORDINANCE AMENDING TITLE 8 OF THE MUNICIPAL CODE REGULATING INTRUSION DETECTION AND/OR BURGLAR ALARM AND FIRE ALARM SYSTEMS - File 9-3-30 x 13-8.1 This is a hearing continued from the meeting of September 18th. At the request of the Burglar Alarm Companies and the Police Department, the Mayor continued the hearing to December 18th. RE: PUBLIC HEARING - APPEAL OF DENIAL OF A GPC USE PERMIT - EXTENSION OF RIDGEWOOD DRIVE (PINTO RIDGE) NORTH PACIFIC CONSTRUCTION COMPANY, REPRESENTED BY BOYD R. LANG - File 10-5 Mayor Bettini declared the hearing open, and stated that a letter had been received from Boyd R. Lang re- questing continuance for a period of ninety days and the matter was continued to the second meeting in February, 1973. RE: PUBLIC HEARING - PREZONING 4040 CIVIC CENTER DRIVE (NORTHGATE EAST) NORTHGATE EAST OWNER, ARTHUR NICOLAISEN REPRESENTATIVE FROM P -C TO P -C DISTRICT Z72-10 - File 10-3 The City Council at its meeting of October 2nd, 1972 continued this public hearing to this date. Senior Planner, Charles Linthicum stated that the Planning Commission had reviewed the environmental im- pact and found it satisfactory and appropriate. Mr. Albert Bianchi representing Mr. Nicolaisen, the applicant, addressed the Council stating that they are asking for a modification to an existing fully approved plan for a motel, restaurant, office build- ing and service station at this location. The plan is for the deletion of the motel and expansion of the office building and architectural details and traffic flow features have been changed substantially. Mr. Bianchi outlined the changes for the Council. Mr. Quesada, architect and Mr. Jim Meyers of De Leuw-Cather demonstrated with drawings of the Terra Linda Interchange and answered questions regarding the traffic. Mr. Joseph Forest, attorney representing the Terra Linda Homeowners Association discussed the requirements of the environmental impact act stating that the public is entitled to participate in arriving at an en- vironmental impact report. It is his feeling that the Council is required to do an independent and theoretically objective report. Mr. Michael Young resident of the City of San Rafael in Terra Linda and a Bachelor of Science Degree in Civil Engineering discussed the problems in the traffic flow at the Terra Linda Interchange. Mayor Bettini declared the hearing closed. The Council discussed the adequacy of the environmental impact report. Mr. Linthicum, Senior Planner stated that the report was compiled after the Planning Commission's public he arings and all public discussion was incorporated and the public had an opportunity for input into the report. Mrs. Mary Conte, 12 Regina Way stated that the report submitted arrives at no definite conclusions re- garding landscaping or traffic and raises more questions that it answers. After a lenghty discussion, Councilman Mulryan suggested that the Council should make a determination as to whether or not an environmental impact report is necessary for the first project which has been approved and where grading has been started and secondly whether or not the report submitted on the new proposal for development is, in fact, an adequate environmental impact report. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, that the applicant not be required to prepare an environmental impact report on the first project in view of the development in the form of grading which has been done, but, that having the opinion from our City Attorney that we have to pre- pare a public environmental impact report, the report be prepared in more detail than it has been to date with emphasis being on the increase impact, if any, between the first and second reports. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen;None Absent: Councilmen: None RE: FINAL ADOPTION - ORDINANCE NO. 1077 - AMENDING CHAPTER 2.20, SECTION 2.20.060 - BOARD OF REVIEW - File 9-2-12 CHARTER ORDINANCE NO. 1077 - An ordinance of the City of San Rafael amending Title 2, Administration, of the Municipal Code, by amending Chapter 2.20, Section 2.2-.060 Board of Review, and numbering Charter Ordinance No. 1077 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: None RE: FINAL ADOPTION - ORDINANCE NO. 1078 - RELATING TO THE PAYMENT OF FEES IN CONNECTION WITH CONSTRUC- TION OF DWELLING UNITS - File 9-12 x 9-10-2 Mr. David Greenlee, Executive Manager of the Marin Builders Exchange read a letter stating that the 391 members of the Marin Bjilders Exchange wish to register theri very strong objection to the passage of the ordinance and the attendant increase in the bedroom tax. He urged that the Council not adopt the ordinance. After discussion, CHARTER ORDINANCE NO. 1078 - 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, 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: None RE: REQUEST OF ECUMENICAL ASSOCIATION FOR HOUSING TO WAIVE BEDROOM TAX ON MODERATE INCOME HOUSING DE- VELOPMENTS - File 9-12 x 9-10-2 x 13 -1 -7 - Mr. Martin Mackey Executive Director of the Ecumenical Association for Housing requested that the Council consider waiving the requirements of the bedroom tax on developments pertaining to moderate income de- velopments. After discussion, the matterwas continued for two weeks to seek the legal opinion from City Attorney, Fred Robbins. RE: RESOLUTION ACCEPTING QUITCLAIM DEED, CONTROL AREA, NIKE BATTERY 93, SAN RAFAEL, D -CALIF -1004 - File 2 -1 -41112 - RESOLUTION 1112 - RESOLUTION NO. 4343 - RESOLUTION ACCPEING CONVEYANCE OF REAL PROPERTY. (Control Area, Nike Battery 93 San Rafael, D -Calif -1004) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT - MARIN SENIOR COORDINATING COUNCIL FOR RELOCATION OF GOLDENAIRES SENIOR CITIZEN RECREA- TION PROGRAM - File -10-55 Director of Parks and Recreation, Andrew Snyder requested that the Council consider entering into an agreement with the Marin Senior Coordinating Council to enable the relocation of the Goldenaires Senior Citizen Recreation Program to the Whistle Stop, 930 Tamalpais Avenue, San Rafael effective January 1, 1973• The matter was continued for two weeks to allow a poll to be taken of the members of the GoIdenaires for an expression of feeling in this matter. RE: PROPOSED UTILITY UNDERGROUNDING ASSESSMENT DISTRICT FOR THE RAFAEL RACQUET CLUB ESTATES SUBDIVISION UNIT FOUR - Fi le 6-,-L7 The Council authorized the Public Works Department to proceed in a possible utility undergrounding assessment district in the Rafael Racquet Club Estates at the request of property owners. RE: VILLA REAL UTILITY UNDERGROUNDING ASSESSMENT DISTRICT - File 6-23 Director of Public Works Norris Rawles reported on the status and the schedule for the next phases of work required under the assessment district proceedings. The Council advised him to continue with the project. RE: APPROVAL FOR CONTRACT CHANGE ORDER - SOUTH SAN PEDRO ROAD WIDENING PROJECT, PHASE IV - File 4-13-14 Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, that Contract Change Order Nos 5 and 6, South San Pedro Road Widening Project Phase IV be approved. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EXTENSION TO THE AGREEMENT WITH HOFFMAN & ALBRITTON FOR THE ALLARDT'S CANAL SURVEY - File 4-3-50 RESOLUTION NO. 4344 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF AGREMENT FOR THE ALLARDT'S CANAL SURVEY. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ORDINANCE AND AGREEMENT AUTHORIZING PROPERTY EXCHANGE BETWEEN CITY AND JAMES R. WALKER - Bellam Blvd., Auburn St. and Jacoby St. Roadway Realignment - File 11-15.1 This matter was continued to the meeting of December 4th, 1972. RE: FEDERAL AID URBAN SYSTEM PROJECT - File 11-15 This matter was continued to the meeting of December 4th, 1972. RE: AGREEMENT FOR IMPROVEMENT WORK ''LANDS OF USSERY'' File 4-1-195 RESOLUTION NO. 4342 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TERRA LINDA COMMUNITY SERVICES DISTRICT - FIRE PROTECTION - File 5-2-57 x 9-3-31 Fire Chief, Robert Marcucci asked the Council for autho r-ization to hire (5) five additional men to sup- plement CSD Fire Personnel and spending of funds to purchase needed fire alarm dispatching equipment for CSD Station. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to authorize the hiring of five additional men by December 1st, 1972 and the purchase of needed fire alarm dispatching equipment. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC COMMITTEE RECOMMENDATION - ALICE STREET FROM BELLE AVENUE TO MISSION AVENUE SOUTHBOUND ONE- WAY PARKING TO BE PERMITTED ON EAST SIDE ONLY - File 11-14 x 11-8 RESOLUTION NO. 4345 - RESOLUTION DESIGNATING AND DESCRIBING ONE-WAY STREETS AND ALLESYS. (Alice St. South Bound One -Way from Belle Ave. to Mission and parking to be permitted on East side only) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CITY PREDERVE ET AL ANNEXATION - File 5-2-56 Assistant City Manager, William J. Bielser stated that no agreement had been reached with the owner of the Chin Ho property and the Council authorized him to proceed with the annexation of the Harry Barbier Memorial Park and other properties excluding Chin Ho property. RE: CLAIM FOR PROPERTY DAMAGE - PACIFIC TELEPHONE AND TELEGRAPH COMPANY - File 3-1-21 Pacific Telephone and Telegraph Company presented a claim for damages to underground facilities which were struck and damaged by a backhoe owned by Marin Municipal Water District. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to deny the claim. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PROPERTY DAMAGE - SANDRA HUTCHISON - File 3-1-22 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to deny the claim and refer it to the City's insurance carrier. Ayes: Councilmen: 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 place the following individuals on the regular monthly payroll: (a) James R. Kelly, Patrolman, Range 14a, Step A, $886.00 effective November 9,1972. (b) David T. Johnson, Patrolman, Range 14a, Step A, $886.00 effective November 13, 1972• (c) James A. Cook, Patrolman, Range 14a, Step A, $886.00 effective November 13, 1972. Amanda Hall, Typist Clerk II Range 3a, Step C, $593.00 effective November 1, 1972. te) Dale R. Blanton, Groundsman under EEA Program Range 9, Step A, $692.00 effective November 1, 1972. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None .`-3 5 1 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to assign Harold Luther Cummins for on-the-job training with the Parks and Recreation Department under the terms of the U.S. Army Project Transition Program at no cost to the City. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to extend the leave of absence for Evelyn O'Sullivan to November 30th, 1972. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Mulryan, that the request of John T. Goodale, a retired disabled employee, for coverage under the City of San Rafael Group Blue Cross Plan be approved. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded t*y Councilman Miskimen, that Severance Merrill be appointed to the position of Fire Prevention Inspector. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RESOLUTIONS AMENDING RESOLUTION NO. 4289 - File 7-3 RESOLUTION NO. 4355 - RESOLUTION AMENDING RESOLUTION NO. 4289 PERTAINING TO HOLIDAY PAY FOR SAFETY PERSONNEL. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4356 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING RESOLUTION NO. 4289 (SALARY RESOLUTION) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AMENDMENT TO PERSONNEL SYSTEM RULES AND REGULATIONS OF THE CITY OF SAN RAFAEL - File 7-2 RESOLUTION NO. 4318 - RESOLUTION FIXING THE TIME AND PLACE OF PUBLIC HEARING ON AMENDMENT TO RESOLUTION NO. 1696 ENTITLED ''PERSONNEL SYSTEM RULES AND REGULA- TIONS OF THE CITY OF SAN RAFAEL'' AND FIXING THE POSTING OF SUCH AMENDMENT AND NOTICE THEREOF. (Public hearing set for December 4, 1972 at 8:00 o'clock P.M.) Ayes: Councilmen: 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 Mulryan, to employ Mr. J. Stanley Ott as Senior Planner effective January 2, 1973 at top step of the salary range, $1,322.00 per month. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FINANCE COMMITTEE - File 9-2-2 Mayor Bettini appointed Councilman Jensen to serve temporarily on the Finance Committee. RE: CITY COUNCIL VACANCY - File 9-1 The Council agreed to meet in executive session at 7:30 P.M. on December 4th to consider the appointment to the vacancy on the City Council. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated Nov ember 20th, 1972, and Advice on Payroll dated November 20th, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND CAPITAL IMPROVEMENT FUND SPECIAL ASSESSMENTS PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT FUND PARKING DISTRICT STORES REVOLVING EQUIPMENT REPLACEMENT REDEVELOPMENT AGENCY TRUST & AGENCY Payroll: GENERAL FUND PARKS FUND LIBRARY FUND PARKING METERS Council adjourned. $ 25,134.26 39,829.14 7,002.44 1,895.15 4,017.52 35,502.38 149.18 2,295.95 5,754.98 303.30 25.00 $ 121,909.30 $ 129,441.98 6,695.68 5,885.49 801.34 $ 1 2,824.49 MARION A. GRADY, City Clea- Approved lea Approved this day of 1973 . MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, November 27th, 1972 at 7:00 o'clock P.M. Adjourned Regular Meeting: RE: SAN RAFAEL REDEVELOPMENT AGENCY - File 140 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Absent: John A. Miskimen, Councilman .3 tic All members of the San Rafael Board of Education were present and the agreement between the San Rafael Redevelopment Agency and the San Rafel School District discussed. Steven Goldfarb, attorney for the Redevelopment Agency and Richard Godino representing the School District were instructed to work out the wording of the agreement based on the discussion at this meeting. Meeting adjourned. MARION A. GRADY, City Clerk Approved this .S11- day of 6;6, 1973 . MAYOR OF THE CIT OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Monday, December 4th, 1972 at 7:30 o'clock P.M. Special Meeting: RE: CITY COUNCIL VACANCY - Fire 9-1 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman The Council met to discuss appointment to the vacancy on the City Council and reached no decision in this matter. Meeting adjourned. MARION A. GRADY, City Clerk ,-,,2(,l /-�E Approved this � day of/r d 1973 - MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, December 4th, 1972 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Miskimen, and carried, the minutes of the Regular Meeting October 2nd, Special Meeting October 5th, Special Meeting October 26th, Adjourned Regular Meeting October 26th, and Regular Meeting October 30th, 1972, a true and correct copy having been hereto- fore submitted to each member, were approved. RE: PUBLIC HEARING - APPEAL OF DENIAL OF PEACOCK GAP UNIT 5 (GPC 72-6) - File 10-5 At the request of the Peacock Gap Homeowners' Association and American Savings and Loan Association re- presented by Julius Selinger, Mayor Bettini continued the hearing to February 5th, 1973 at 8:00 o'clock P.M. RE: PUBLIC HEARING - APPEAL OF DENIAL OF USE PERMIT (GPC72-18 - 127 ROSS STREET - TAMALPAIS LAND AND DEVELOPMENT COMPANY, JOHN REYNOLDS, REP. - File 10-5 Mayor Bettini declared the hearing open. At the request of Mr. John Reynolds, the applicant in this case, the Mayor continued the hearing to January 15th, 1973 at 8:00 o'clock P.M. RE: PUBLIC HEARING - APPEAL OF DENIAL OF USE PERMIT (GPC72-10) - 320 BAYVIEW STREET, SELDEN & MARY BENEPE, OWNERS - File 10-5 Mayor Bettini declared the hearing open. Senior Planner Charles Linthicum informed the Council that they had before them the minutes of the Planning Commission meeting in connection with this matter; together with a map showing the location of the property. He stated that this property is zoned R-3 but must be considered under the General Plan Conflict Ordinance as lot sizes for R-3 development were questionable under future zoning ordinance amendments. for Mr. Selden Benepe, the owner called attention to the fact that he has been paying taxes on an R-3 lot/over 20 years and the question of density could be determined when the final plans for development are submitted. A resident of Miramar Avenue spoke in opposition to the GPC Use Permit based on the amount of traffic in the neighborhood due to the density of the apartment buildings. Mayor Bettini declared the hearing closed. Motion was made by Councilman Jensen, seconded by Mayor Bettini, to sustain the appeal and overrule the decision of the Planning Commission. Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: Miskimen Absent: Councilmen: None RE: PUBLIC HEARING - REZONING (Z71-11) 1579 LINCOLN AVENUE FROM R-1 TO R-4 - BRIAN COLLINS AND TERENCE CURRAN - File 10-3 Mayor Bettini declared the hearing open. Senior Planner, Charles Linthicum informed the Council that they had before them the Planning Commission's minutes relating to this item and a map showing the location. At the Planning Commission hearing there was no opposition to the proposed rezoning and the Planning Commission recommends the rezoning subject to certain conditions. There being no one present wishing to speak for or against the rezoning, the Mayor declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to rezone 1579 Lincoln Avenue from R-1 to R-4. 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 a R-1 (Single Family Residential) District to a R -4 -(Transient Residential) District, and numbering Charter Ordinance No. 1087 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: None RE: PUBLIC HEARING - ABANDONMENT OF 5' WIDE SANITARY SEWER EASEMENT - 338 FAIRHILLS DRIVE - File 2-12 The Council at its meeting of November 8th, 1972 adopted a Resolution of Intention and set this date for the public hearing. Mayor Bettini declared the hearing open. There being no one present wishing to discuss the matter, the Mayor declared the hearing closed. 135 RESOLUTION NO. 4336 - RESOLUTION O.RDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - AMENDING RESOLUTION NO. 1696 ENTITLED ''PERSONNEL SYSTEM RULES AND REGULATIONS OF THE CITY OF SAN RAFAEL'' - File 7-2-1 City Council at its meeting of November 20th, 1972 set this date for a public hearing on the amendments to the personnel rules and regulations of the City of San Rafael. Mayor Bettini declared the hearing open. Assistant City Manager, William J. Bielser informed the Council that this is a formality to amend the per- sonnel system rules and regulations in accordance with the agreements reached during the employer-employee negotiation in September. There being no one further to address the Council, the Mayor declared the hearing closed. RESOLUTION NO. 4335 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 1696 ENTITLED ''PERSONNEL SYSTEM RULES AND REGULA- TIONS OF THE CITY OF SAN RAFAEL''. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARKS AND RECREATION COMMISSION - File 9-2-4 Mrs. Norma Wall and Mr. Robert Schoen addressed the Council expressing appreciation for having been re- appointed to the Parks and Recreation Commission. RE: AGREEMENT - MARIN SENIOR COORDINATING COUNCIL CONCERNING RELOCATION OF SAN RAFAEL GOLDENAIRES - File 70-55 x 123 Parks and Recreation Director Andrew Snyder reported on the results of a poll of the members of the San Rafael Goldenaires. 780 members were polled and of this number 513 responded, the vote being 400 in favor of the move and 113 against. After discussion, the Council agreed to enter into an agreement with the Marin Senior Coordinating Council. RESOLUTION NO. 4347 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REQUEST OF ECUMENICAL ASSOCIATION FOR HOUSING FOR WAIVING REQUREMENTS OF THE BEDROOM TAX ON MODERATE DEVELOPMENTS - File 13-1 City Attorney, Fred Robbins, Jr. reported that he had reviewed the request of the Ecumenical Housing Association for exemption from the provisions of the bedroom tax and finds that Section 214 of the Revenue and Taxation Code of the State of California provides that certain organizations can be exempted from taxation if they meet certain provisions. Motion was made by Councilman Mulryan, seconded by Councilman Jensen, to waive the bedroom tax on the Martinelli development subject to the City Attorney's review of the eligibility status of the Ecumenical Association for Housing. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EMERGENCY PLAN FOR THE CITY OF SAN RAFAEL - File 13-11 City Manater, James McCown presented to the Council the emergency plan for the City of San Rafael which has been reviewed by staff and is ready for Council approval. This action completes the necessary steps to be taken for the City to implement the emergency services program. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to approve the plan as presented. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARKS IN EAST SAN RAFAEL - File 12-5 x 12-15 Senior Planner Charles Linthicum made a report to the Council concerning an application to develop a 96 unit apartment complex at 310-340 Canal Street. At the Planning Commission meeting neighboring residents and owners strongly objected to the development of the property and requested that the property be used as a park. The Commission referred the matter to the Council for consideration. Mr. Ben Brinkworth, 349 Canal Street addressed the Council concerning the need for aprsk in this area. After discussion, the matter was referred to the Parks and Recreation Commission for its investigation but the Planning staff was instructed to proceed with the application for the apartments. The matter was continued for two weeks. RE: REQUEST OF MARIN COUNTY HUMAN RIGHTS COMMISSION FOR TWO LIAISON REPRESENTATIVES FROM THE CITY OF SAN RAFAEL - File 13-17 Representatives of the Marin County Human Rights Commission were not present at the meeting, and the mat- ter was continued for two weeks. RE: UNDERGROUND UTILITY DISTRICT NO. 5 - File 12-18-10 Director of Public Works Norris Rawles reported that the Francisco Boulevard Beautification Committee had requested the City to start proceedings to create an underground utiliity district on East Francisco Boulevard from Irwin Street to Bellam Boulevard for the eventual undergrounding of all utilities within said area. RESOLUTION NO. 4337 - RESOLUTION CALLING A PUBLIC HEARING TO DETERMIN, WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 5 (Setting Pub lic Hearing for January 15, 1973, 8:00 o'clock P.M.) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - AGREEMENT WITH PACIFIC GAS AND ELECTRIC COM- PANY FOR INSTALLATION OF SANITARY SEWER LIFT STATION - File -22 RESOLUTION NO. 4341 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. ("Consent to Common Use" for installation of a sanitary sewer lift station in Jacoby Street extension in .East San Rafael Drainage Assessment District No. 1) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ROADWAY REALIGNMENT AT BELLAM BOULEVARD, AUBURN STREET AND JACOBY STREET - File 11-15.1 . An ordinance of the City of San Rafael providing for the exchange and purchase of certain real properties between the City of San Rafael and James R. and Barbara L. Walker, and numbering Charter Ordinance No. 1086 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: None RESOLUTION NO. 4362 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (James R. Walker and Barbara L. Walker) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC COMMITTEE RECOMMENDATION - FIFTH AND "C" PARKING LOT - UPPER DECK - File 11-P RESOLUTION NO. 4346 - RESOLUTION CHANGING TIME LIMITS FOR PARKING AT FIFTH AVENUE AND "C" STREET PARKING LOT. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: HISTORIC PRESERVATION ORDINANCE - File 13-14-2 Councilman Mulryan presented the draft of an ordinance to provide the mechanism to preserve buildings with cultural and historical significance. The matter was continued to the meeting of December 18th, 1972. RE: TERRA LINDA COMMUNITY SERVICE DISTRICT ANNEXATION - File 5-2-57 x 8-14 Director of Public Works Norris Rawles presented a request for additional personnel and equipment to be available when the Terra Linda Community Service District Annexation is effective on January 1st, 1973• The Council will consider this request with that of the other departments when the Terra Linda Community Service District Annexation is discussed on December 18th, 1972. RE: TERRA LINDA COMMUNITY SERVICE DISTRICT ANNEXATION - FIRE DEPARTMENT STUDENT DISPATCHER PROGRAM - File 5-2-57 x 9-3-31 The Council heard a report from Fire Chief Robert Marcucci concerning the development of a Student Dis- patcher Program to incorporate some of the CSD volunteers into the San Rafael Fire Department. It was agreed by the Council that this program will be considered on December 18th, 1972 when the entire community services district program will be discussed. RE: BEAUTIFICATION COMMITTEE RECOMMENDATIONS FOR LANDSCAPING THE ENTRANCE TO SAN RAFAEL - File 137 The Council agreed to hear a presentation from landscape architects of the State Division of Highways ,3 b ,i at its meeting of December 18th. RE: SAN RAFAEL FIRE COMMISSION - File 9-2-5 The Council invited applications from interested persons to fill the vacancy on the Fire Commission. RE: SAN RAFAEL SANITATION DISTRICT - File 12-7 Councilman Jensen was excused from the meeting. Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, that Councilman Fred Jensen be appointed to the San Rafael Sanitation District. Ayes: Councilmen: Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen Councilman Jensen returned to the meeting. RE: BOARD OF REVIEW HEARING APPEAL - ARTHUR E. MYERS - File 7-5 x 9-2-12 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to concur in the recommendations of the Board of Review to suspend Officer Myers for 15 days without pay. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BOARD OF REVIEW HEARING APPEAL - JAMES W. JACKSON - File 7-5 x 9-2-12 Richard Tarrant, attorney for James W. Jackson discussed the severity of the penalty recommended by the Board of Review, outright dismissal, questioning if it was proportionate or dis-proportionate with the gravity of the matter. The Council continued the matter to 7:30 P.M. December 18th, 1972. RE: CLAIM FOR PROPERTY DAMAGE - GWEN CURATILO - File 3-1-26 Claim from Gwen Curatilo, 70 Mt. Tallac Ct. for damages to two tires caused by a sharp and protruding piece of concrete in the curb was presented. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, that this claim be paid as it is within the limits of the deductible on our policy. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: DATE FOR COUNCIL MEETING IN JANUARY - File 9-1 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the meeting of the City Council will be January 2nd, 1973. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to grant the Mayor permission to be out of the United States between December 29th and January 15th. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FEDERAL AID URBAN SYSTEM PROJECT - File 11-15 City Engineer, Ely Caillouette, Jr. presented a general description of the work proposed and received Council approval to proceed with a three-phase program for use of federal aid money. RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, Evelyn O'Sullivan be granted con- tinued leave without pay to the 31st of December, 1972. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PURCHASE OF WATER TRUCK - File 9-3-40 RESOLUTION NO. 4361 - RESOLUTION AWARDING BID FOR WATERING TRUCK FOR MULTIPLE APPLICATION (Paramount Equipment Sales, 2501 W. Rosecrans Avenue, Compton, California 90224) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: MARIN COUNTYWIDE PLAN - File 4-13-24 The City touncil set January 15th, 1973 as the date for a presentation by the County of Marin on the Marin Countywide Plan. RE: NORTHWESTERN PACIFIC RAILROAD RIGHT-OF-WAY - File 117 Director of Public Works Norris Rawles stated that the City staff is working with the Railroad Company for an exchange of properties between the Northwestern Pacific Railroad Company and the City of San Rafael. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated December 4th, 1972, and Advice on Payroll dated December 5th, 1972, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND CAPITAL IMPROVEMENTS EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 Pay rol 1 : GENERAL FUND PARKS FUND LIBRARY FUND PARKING METERS Council adjourned to Monday, December 18th, 1972. $ 1 ,161 .96 57,254.77 38,758.00 $ 977-177-.7 3 $ 192,481.12 6,792.56 5,698. 14 734.46 $ 205,706—.2T MARION A. GRADY, City Llerk Approved th is -S day of Vie/ 197-3 MAYOR OF THE CITYOFSAN RA EL U Jot In Room 201 of the City Hall of the City of San Rafael, Monday, December 11th, 1972 at 7:30 o'clock P.M. Special Meeting: RE: REDEVELOPMENT - File 140 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. MisKimen, Councilman Lawrence E. Mul ryan, Councilman The City Council met to discuss possible litigation with the County of Marin in connection with the San Kafael Redevelopment Agency. Meeting adjourned. � Y MARION A. GRADY Cit Clerk ,, Approved th is o )6 T'Cday of �26 MAYOR OF THE CITY SAN RAFAEL 19Z_. In Room 201 of the City Hall of the City of San Rafael, Monday, December 18th, 1972 at 7:30 o'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mul ryan, Counci Iman RE: BOARD OF REVIEW HEARING - File 7-5 x 9-2-12 The Council discussed the recommendations of the Board of Review in the dismissal of Officer James W. Jackson and agreed to sustain the action of the Board of Review. Meeting adjourned. MARION A. GRADY, City Clerk Approved this �2-� t4- day of Z. 19 X3 L� MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, December 18th, 1972 at 8:00 o'clobk P.M. Regular Meeting: RE: BOARD OF REVIEW - File 7-5 x 9-2-12 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Mayor Bettini announced that the Council had met in executive session to consider the recommendation of the Board of Review for dismissal of Officer James W. Jackson. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to sustain the action of the Board of Review. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PRESENTATION OF CHARTER OF EXPLORER POST NO. 303 OF BOY SCOUTS OF AMERICA - File 104 On behalf of Explorer Post No. 303 of the Boy Scouts of America, Mr. John Bagshaw made a presentation of the Charter to Chief of Police, Joseph Brusatori. RE: APPROVAL OF MINUTES Motion was made by Councilman Jensen, seconded by Councilman Miskimen, and carried, the minutes of the Special Meeting, November 6th, Special Meeting, November 6th, and the Regular Meeting, November 6th, 1972, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEAR;I;NG - ORDINANCE REGULATING INTRUSION DETECTION AND/OR BURGLAR ALARM AND FIRE ALARM SYSTEMS - File 9-3-30 x 13- -1 Mayor Bettini declared that this hearing was opened on September 18th, and continued to this date. Warren Glass of Warren Security Systems urged that Section 8.20.06 be changed so that persons monitoring alarm systems must be licensed. The Council agreed that this would place too many unnecessary restrictions. After discussion, the Mayor declared the hearing closed. An ordinance of the City of San Rayael amending Title 8 of the Municipal Code by adding Chapter 8.20 re- gulating intrusion detection and/or burglar alarm and fire alarm systems, and numbering Charter Ordi- nance No. 1088 was read, introduced and ordered passed to print by the following vote, towit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING EXTENSION OF MITCHELL BOULEVARD - NORTHGATE INDUSTRIAL PARK UNIT TWO FROM GPC -MH TO P -C Z72-23 --File 10-3 Mayor Bettini declared the hearing open, and reported that the applicant and owner had requested/con- tinuance. The hearing was continued to January 2nd, 1973• RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S GRANTING VARIANCE - 279 BUNGALOW AVENUE - ALLAN HOCK, OWNER AND APPLICANT V72-21 - File 10 - Mayor Bettini declared the hearing open. The Council was provided with copies of the Planning Commission's minutes and the staff report, together with a sketch showing the site location in connection with this approved variance. Gary David, 278 Bungalow A -venue, William Rosen, 150 Bungalow Avenue, Dick Lee, 215 Bungalow Avenue and a resident from #1 Perry Walk s -poke against granting the variance citing the following reasons. The pro- posed circular driveway would cause further traffic congestion on Bungalow Avenue which is a very narrow winding street and it would require the construction of two unsightly retaining walls and the removal of several trees. Mayor Bettini declared the hearing closed. After a lengthy discussion, Councilman Jensen moved the appeal be denied. Motion died for lack of a second. Councilman Mulryan moved to sustain the appeal on condition that certain restrictions be met in construct- ing the driveway. This motion died for lack of a second. After further discussion, it was moved by Councilman Mulryan, seconded by Councilman Miskimen, to sustain the appeal. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None -61 RE: CITIZEN'S ADVISORY COMMITTEE FOR PREPARATION AND ADOPTION OF NEW GENERAL PLAN - File 115-1 x 9-2-1 Mr. Richard Rodriques submitted his recommendations for a Citizen's Advisory Committee for the preparation and adoption of the New General Plan. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to accept the recommendations as outlined, to publicize the information to the community, and to call for application to the committee within thirty days. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REPORT OF STATE HIGHWAY LANDSCAPE ARCHITECT FOR IMPROVEMENTS TO OFF -RAMP AREAS - SECOND AND IRWIN STREETS AND HEATHERTON - File 137 Mr. Gary Bush, Landscape Architect from the State Department of Highways explained the design concept for the landscaping and planting in the off -ramp areas of the highway at Second and Irwin Streets and Heatherton Street. Under a cooperative agreement with the State of California, the City will be required to maintain any structure which may be built. RE: FINAL ADOPTION - ORDINANCE NO. L080 - ZONING TEXT AMENDMENT (Z72-21) TO DELETE SECOND PARAGRAPH SECTION 14-30.020(a) AND FOURTH PARAGRAPH SECTION 1.32.020(b) - File 10-3 CHARTER ORDINANCE NO. 1080 - An ordinance of the City of San Rafe] amending Title 14, Zoning, of the San Rafael Municipal Code by deleting certain paragraphs under subsections 14.30.020(a) and 14.32.020(b) which paragraphs were rendered incorrect and superfluous when Cjapter 14.11 was added to the zoning ordinance, and numbering Charter Ordinance No. 1080 was passed and adopted as an ordinance of the City of San Rafael by the following vote, towit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FINAL ADOPTION - ORDINANCE NO. 1081 - REZONING LOCUST AVENUE AND GOLD HILL GRADE FROM R-1 AND R-1-13-2 to R -1-B-3 DISTRICT - File 10-3 RE: FINAL ADOPTION - ORDINANCE NO. 1082 - ZONING ORDINANCE TEXT AMENDMENT TO ADD CERTAIN DEFINITIONS TO CHAPTER 1 .0 AND TO AMEND CHAPTER 14-75 - File 10-3 CHARTER ORDINANCE NO. 1081 - 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 A R-1 & R-1-13-2 (Single Family Residential Minimum Building Site Area 5,000 and 10,000 square feet, respectively) Districts and numbering Charter Ordinance No. 1081 was passed and adopted as an ordinance of the City of San Rafael by the following vote, towit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None CHARTER ORDINANCE NO. 1082 - An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by adding certain definitions to Chapter 14.28 and amending Chapter 14.75 as that Chapter relates to certain uses and making certain deletions, and numbering Charter Ordinance No. 1982 was passed and adopted as an ordinance of the City of San Rafael by the following.•Gdte towit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FINAL ADOPTION - ORDINANCE NO. 1083 - PREZONING (PREZ72-20) TERRA LINDA COMMUNITY SERVICE DISTRICT - FiiP in-� RE: FINAL ADOPTION ORDINANCE NO. 1084 - ZONING ORDINANCE TEXT AMENDMENT ADDING CHAPTER 14.70 CREATING A COMMUNITY SERVICE COMBINED DISTRICT TO CREATE ZONING REGULATIONS COMPARABLE TO THOSE PRESENTLY IN EFFECT IN THE TERRA LINDA COMMUNITY SERVICE DISTRICT AREA - File 10-3 CHARTER ORDINANCE NO. 1083 - An ordinance amending the zoning map of the City of San Rafae],California adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to pre- zone portions of the Terra Linda Community Service District to zoning districts which are comparable to existing zoning in the area, and nuinbering Charter Ordinance No. 1083 was passed and adopted as an ordi- nance of the City of San Rafael by the following vote towit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None CHARTER ORDINANCE NO. 1084 - An ordinance of the City Council of the City of San Rafael amending Title 14, Zoning, of the Municipal Code by adding Chapter 14.70 CSD (Community Service Combined District) in order to create the capacity to zone the existing developed area known as the Terra Linda Community Ser- vice District to comparable zoning which existed prior to annexation to the City of San Rafael, and numbering Charter Ordinance No. 1084 was passed and adopted as an ordinance of the City of San Rafael by the following vote, towit: Ayes: Councilmen: 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 addressed the Council and the following steps were taken: RESOLUTION NO. 4338 - RESOLUTION AMENDING RESOLUTION OF INTENTION IN TEIE;MATTER OF WORK TO BE ACQUIRED, 1% PENALTY CLAUSE, AND CONTRACTS WITH THE SAN RAFAEL SANITATION DISTRICT AND THE MARIN MUNICIPAL WATER DISTRICT. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Counci lumen : None Absent: Councilmen: None THE ENGINEER'S ESTIMATE OF COST WAS FILED. THE ENGINEER'S REPORT, PLANS AND SPECIFICATIONS WAS FILED. THE COMMITMENT LETTER FROM STONE & YOUNGBERG WAS FILED. RESOLUTION NO. 4339 - RESOLUTION AND ORDER PRELIMINARII.LY ADOPTING ENGINEER'S REPORT, SETTING PUBLIC HEARING THEREON TO BE HELD ON FEBRUARY 5, 1973, AT THE HOUR OF 8:00 O'CLOCK P.M., AND CALLING FOR BIDS ON JANUARY 18, 1973, AT THE HOUR OF 2:30 P.M. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4340 - RESOLUTION ADOPTING SCALE OF PREVAILING WAGE RATES. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None NOTICE OF IMPROVEMENT WAS FILED. NOTICE INVITING SEALED BIDS WAS FILED. RE: LUCAS VALLEY OPEN SPACE ASSESSMENT DISTRICT - File 6-25 Mr. Edwin Ness was present and addressed the Council stating that petitions in the Lucas Valley Open Space Assessment District have previously been filed. The Council then took the following actions: CERTIFICATE OF THE ENGINEER REGARDING PERCENTAGE OF SIGNATURES TO THE PETITIONS WAS FILED. BOUNDARY MAP WAS FILED. RESOLUTION NO. 4348 RESOLUTION APPROVING BOUNDARY MAP. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4349 - RESOLUTION OF PRELIMINARY DETERMINATION. Ayes: Councilmem: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4350 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH STURGIS, DEN-DULK, DOUGLASS & ANDERSON AS SPECIAL BOND COUNSEL WITH ATTACHED AGREEMENT. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4351 - RESOLUTION SETTING TIME AND PLACE OF HEARING FOR DETERMINING PUBLIC CONVENIENCE AND NECESSITY. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4352 - RESOLUTION OF INTENTION. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None THE ENGINEER'S ESTIMATE OF COST WAS FILED. THE ENGINEER'S REPORT WAS FILED. RESOLUTION NO. 4353 - RESOLUTION PRELIMINARILY ADOPTING ENGINEER'S REPORT AND SETTING PUBLIC HEARING THEREON FOR FEBRUARY 5, 1973• Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None THE NOTICE OF IMPROVEMENT WAS FILED. City Engineer, Ely Caillouette, Jr. called attention to a large landslide on Parcel B in the Mont Marin Open Space Area under consideration for purchase. Questions were raised regarding who was responsible for pahing for the repairs to the landslide. RE: RAFAEL RACQUET CLUB ESTATES - UTILITY UNDERGROUNDING ASSESSMENT DISTRICT - File 6-27 Mr. Sanford Masonek, a property owner in the Rafael Racquet Club Estates reported to the Council that he had obtained signatures of over 60% of the property owners in the Rafael Racquet Club Estates on a peti- tion to put utility wires underground and he asked for the city's help in the possible formation of an assessment district. It was moved by Councilman Jensen, seconded by Councilman Miskimen, that the City cooperate with the property owners in their endeavor. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: VILLA REAL UNDERGROUNDING ASSESSMENT DISTRICT - File 6-23 The Council directed the engineering staff to proceed with the necessary reports and maps for forming an assessment district, but because the original petitions were signed three years ago and in the interim costs have risen, and opinions may have shifted, the Council cautioned that the proponents of the project must demonstrate at the public hearing that they have the backing of a solid majority of the property owners. RE: REPORT ON OPEN SPACE BOND ISSUE - File 8-12 x 2-7.1 Mr. Dennis Ciocca, Open Space Bond Financing Consultant and Mr. Edwin Ness, Bond Legal Counsel discussed the advisability of sale of the 2.5 million dollar open space bond issue early in 1973• The Council agreed to proceed and instructed the bond counsel to prepare the necessary papers. RE: MARIN COUNTY HUMAN RIGHTS COMMISSION - File 13-17 Tbeve being no one present from the Marin County Human Rights Commission to present a request for two liason representatives from the City of San Rafael, the Council took no action. RE: CANAL FRONTAGE PARK REQUESTED BY CANAL AREA RESIDENTS - File 10-5 x 12-5 The Council accepted the report of Charles Tacchi, representing the San Rafael Parks and Recreation Com- mission recommending against acquiring the parcel of land at 310-340 Canal Street for a City Park. RE: ASSUMPTI ON OF SERVICES - TERRA LINDA COMMUNITY SERVICES DISTRICT - File 5-2-57 x 7-5 The Council heard a report from Assistant City Manager, William J. Bielser concerning the staff recom- mendations for services to be provided in the area assumed by annexation of the Terra Linda Community Services District. After discussion, it was moved by Councilman Jensen, seconded by Councilman Mulryan, to accept the recommendations and the fo1lowinng personnel be hired: Dec. 1 - Robert D. Ahrens, Fireman, Range 14, Step A, $867. Steven L. Plaskett, Fireman, Range 14, Step A, $867. Peter C. Sorensen, Fireman, Range 14, Step A, $867. Dec. 4 - Michael 0. McCusker, Fireman, Range 14, Step A, $867. Dennis P. Schunk, Fireman, Range 14, Step A, $867. Jan. 2 - George A. Walser, "Y" Rate, Captain, $1,325• Mark J. Worthen, Fireman, Range 14, Step A, $867. James A. Alvarado, Fireman, Range 14, Step B, $907. Frances J. Traina, Assistant Re. Supv., Range 13a, Step A, $847. James E. Fox, Maintenance Man 1, Range 9, Step E, $828 Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The Council also approved the assignment of Mr. J. E. Fox to the Maintenance Man 1 position in the Public Works Department and authorized the hiring of a Maintenance Man II and also the providng of miscellaneous tools, equipment and supplies. RE: HISTORIC PRESERVATION ORDINANCE - File 13-14-2 The Council discussed the proposed ordinance for the preservation of historic buildings and carried the matter over to a future date. RE: PRESERVATION OF ROBERT DOLLAR ESTATE - File 13-14-2 Marin Heritage, formerly the San Rafael Historic Preservation Committee, requested that the City join them in efforts to preserve and purchase the Robert Dollar Estate as a Cultural Community Center and Museum for the people of San Rafael. After discussion, the Council requested the committee to present a proposal for a feasibility stuO at the meeting of January 2nd. A r RE: ENVIRONMENTAL IMPACT REPORTS - File 10-2 X City Attorney, Fred Robbins, Jr. reported on the Knox Bill, AB 889 which states that Environmental Impact Reports are necessary on public matters but not required on private matters for the next 120 days, how- ever, the City Council can continue to require them if it so desires. RESOLUTION NO. 4367 - RESOLUTION CONFIRMING THE POLICY OF THE CITY COUNCIL IN REQUIRING ENVIRONMENTAL IMPACT REPORTS. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Planning Director, Herbert G. Hotchner recommended that the Council change the requirement for environ- mental impact reports to ""significant" items only and discontinue the use of "trivial list" as no longer necessary and (1) authorize the Planning Commission to determine whether signicant on new items (2) reaffirm the requirement on the list that previously requested environmental impact reports on and authorize the Mayor and City Clerk to sign environmental impact report contracts with consultant firms. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to adopt the report as presented. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the Mayor and City Clerk be authorized to enter into an agreement with Del Davis Associates for an environmental impact report on Foothill Oaks, San Pablo Road, McCarthy Company. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the Mayor and City Clerk be authorized to enter into an agreement with Del Davis Associates for an environmental impact report for Northgate East, Civic Center Drive, Arthur Nicolaisen. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the development of the property at 310-340 Canal Street does not have a significant impact on the environment. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that as Rafael Terrace Unit Two, 9 Lot Subdivision on Irwin Street comes under the provisions of Assembly Bill 889 enacted on December 5th an environmental impact report is not required. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, that if the GPC Use Permit is ap- proved an environmental impact report will be required on the 170 Lot Tentative Map Peacock Gap Unit 5, American Savings and Loan Association. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC TOILET ROOM ADDITION FOR SAN RAFAEL PUBLIC LIBRARY - File �7 RESOLUTION NO. 4322 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR PUBLIC TOILET ROOM ADDITION TO SAN RAFAEL PUBLIC LIBRARY (Bid Opening January 8, 1973) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4328 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR U.S. 101 VIADUCT PARKING LOTS BETWEEN 4TH ST. AND 5TH AVE. AND MISSION AVE. - PROJECT NO. 9323-72.159 Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: JOINT EXERCISE OF POWERS AGREEMENT WITH COUNTY OF MARIN (SOUTH SAN PEDRO ROAD) - File 4-13-14 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to approve Contract Cbange Order No. 7, South San Pedro Road Phase IV. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to approve Contract Change Order No. 8, South San Pedro Road Phase IV. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT WITH HOFFMAN & ALBRITTON FOR THE ALLARDT'S CANAL SURVEY - File 4-3-50 RESOLUTION NO. 4329 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF AGREEMENT FOR THE ALLARDT'S CANAL SURVEY Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMTT - MR. JAMES Y. MEYERS - 85 CHULA VISTA DRIVE - File 2-11 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to grant Encroachment Permit No. 245 for construction of two wood retaining walls at 85 Chula Vista Drive to allow for a driveway connec- tion. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: STOP SIGN - LUCAS PARK DRIVE AT MONTEVIDEO WAY - File 11-9 RESOLUTION NO. 4330 - RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH AT BOULEVARD STOP IS REQUIRED. (On Lucas Park Drive (Southbound) at Montevideo Way. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4331 - RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. (On Regina Way [Southbound) at Elda Drive. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CALL FOR BIDS FOR AWARDING OF SPECIFIED BANKING SERVICES - File 8-8 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to accept the report of City Treasurer John Averett to develop the specifications and call for bids from all main banks W the City of San Rafael. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FINANCE COMMITTEE RECOMMENDATION - File 9-2-2 The Council accepted the report of Councilman Miskimen recommending certain changes in the financial procedures and agreed to consider the chagges at budget time. RE: LABOR RELATIONS PROCEDURE RESOLUTION ESTABLISHING RULES AND REGULATIONS TO IMPLEMENT THE EMPLOYER- EMPLOYEE RELATIONS PROCEDURE - File 7-4 x 7 - Assistant City Manager, William J. Bielser presented a report, together with a Resolution to provide a procedure for dealing with the recognition of employee groups. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to accept the report and concur in the recommendations. RESOLUTION NO. 4332 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING RULES AND REGULATIONS TO IMPLEMENT THE EMPLOYER-EMPLOYEE RELATIONS PROCEDURE. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FEDERAL AID URBAN PROJECT - File 11-1 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that a public hearing be hedl at least 30 days after the date on which the Federal Government approves the environmental impact report on the proposed project. RE: VACANCY ON SAS/ RAFAEL CITY COUNCIL - File 9-1 Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to call for a Special election to fill the vacancy on the City Council, the election to coincide with the General Municipal Election of April 17th, 1973. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FIRE COMMISSION CACANCY - File 9-2-5 The Council agreed to interview applicants for the vacancy on the Fire Commission on January 2nd, 1973 at 7:30 P.M. RE: ''NO SMOKING'' IN COUNCIL CHAMBERS - File 9-1 Motion was made by Councilman Jensen, seconded by Councilman Miskimeq, that a policy of ''No Smoking'' in the Council Chambers be adopted. Ayes: Councilmen: 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 Mulryan, a promotion of Donald Woford from Fireman 14E @ $1042 per month to Fire Engineer 16-D @ $1091 per month. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR DAMAGES - JOHN RANDOLPH WALLACE - File 3-1-24 Claim from John Randolph Wallace for damage to bicycle and personal injuries was presented. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the claim be denied and referred to the City's insurance carrier. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR DAMAGES - COCA COLA BOTTLING COMPANY - File 3-1-25 Claim from Coca Cola Bottling Company for damages was presented. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the claim was denied and referred to the City's insurance carrier. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AUXILIARY POLICE OFFICERS - File 7-4 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to approve the appointments of Robert Christopher Cary, Monty Jay Martin, David Michael Salaun and Clyde Charles Zimmerman as Auxiliary Police Officers of the City of San Rafael. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None AGREEMENT BETWEEN CITY OF SAN RAFAEL AND STATE PERSONNEL BOARD OF THE STATE OF CALIFORNIA - File 4-10-56 RESOLUTION NO. 4333 - A RESOLUTION AUTHORIXING THE SIGNING OF A LEASE OR AGREEMENT. (Cooperative Personnel Servi ces) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LEGALITY OF 2-2 DECISION OF CITY COUNCIL - File 9-4 City Attorney, Fred Robbins was requested to reply to the Terra Linda Homeowners Association as to the legality of the City Council's voting 2-2 on the McCarthy Development. RE: GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT - File 112-2, The Mayor requested the City Manager to communicate with the State of California, Division of Highways to support the efforts of the Golden Gate Bridge, Highway and Transportation District in the+widening of Doyle Drive. Ayes: Councidimen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None '� b € All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated December 18th, 1972, and Advice on Payroll dated December 20th, 1972, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 3,342.04 CAPITAL IMPR. FUND 44,004.97 STORES FUND 31.25 EAST SAN RAFAEL DRAINAGE ASSESSMENT DIST. 5,971.50 $53,349.76 Payroll: GENERAL FUND $ 137,691.66 PARKS FUND 6,808.00 LIBRARY FUND 5,850.12 PARKING METERS FUND 801.34 $ 151,150.62 Council adjourned. MARION A. GRADY, City Clerk App roved th i s �26_//Lday of Fe.6 . 19 73 MAYOR OF THE CIT -OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Tuesday, December 26th, 1972 at 7:30 o'clock P. M. Special Meeting: RE: RESIGNATION OF CITY MANAGER - File 9-3-11 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Absent: Lawrence E. Mulryan, Councilman Moved by Councilman Jensen, seconded by Councilman Miskimen, to accepL the resignation of City Manager James H. McCown effective January 1st, 1973 and grant him accumulated leave of 31 calendar days. Ayes: Councilmen: Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Mulryan Moved by Councilman Jensen, seconded by Councilman Miskimen, to appoint William J. Bielser, Acting City Manager at a salary of $22,000.00 per annum and authorize the recruitment of an Assistant City Manager. Ayes: Councilmen: Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Mulryan Meeting adjourned. MARION A. GRADY, City Clerk Approved th i s ,,,26 rL day of _ 14-1:7L l _ 1979, MAYOR OF THE CITY OF SAN RAFAEL y In the Council Chambers of the City of San Rafael, Tuesday, January 2nd, 1973 at 7:30 o'clock P.M. Regular Meeting: Present: Fred E. Jensen, Acting Mayor John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: C. Paul Bettini, Mayor 369 RE: APPOINTMENT TO SAN RAFAEL FIRE COMMISSION - File 9-2-5 The San Rafael City Council met in executive session to interview candidates for appointment to the San Rafael Fire Commission. It was moved by Councilman Miskimen, seconded by Councilman Mulryan, that Cliff Lund be appointed to fill the unexpired term of Harry Barbier. Ayes: Councilmen: Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: REZONING EXTENSION OF: MITCHELL BOULEVARD KNOWN AS NORTHGATE INDUSTRIAL PARK UNIT 2 FROM GPC -MH TO P -C Z72-23 - File 10-3 Acting Mayor Jensen declared the hearing open. The hearing was continued to January 15th, 1973 at 8:00 o'clock P.M. RE: PURCHASE AND PRESERVATION OF THE ROBERT DOLLAR ESTATE - File 13-14-2 A review of a proposed outline for a feasibility study of the purchase and preservation of the Robert Dollar Estate presented by Richard Lee representing Marin Heritage was continued to January 15th, 1973 at 8:00 o'clock P.M. RE: US. S. VIADUCT PARKING LOTS BETWEEN 4TH ST. AND 5TH AVE. AND BETWEEN 5TH AVE. AND MISSION AVE. PROJECT NO. 9323-72.159 - File 4-1-194 X The following following vids were opened in the office of the City Clerk on Tuesday, January 2nd, 1973 at 10:00 o'clock A.M. Bresnan & Dalecio, Inc. $ 19,873.04 W. K. McLellan Company 20,395.00 Thornton Paving Company 20,933.08 Grover Wilson 22,375.32 Ghilotti Bros. 25,246.00 It was moved by Councilman Miskimen, seconded by Councilman Mulryan, that the award be made to the lowest bidder, Bresnan & Dalecio, Inc., for the amount of $19,873.04 subject to the condition that the State Department of HR ghways approves the lease of the property in question. RESOLUTION NO. 4358 - RESOLUTION AWARDING BID FOR THE U -S. VIADUCT PARKING LOT (Bresnan & Dalecio, Inc.) Ayes: Councilmen: Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini Moved by Councilman Miskimen, seconded by Councilman Mulryan, that $5,000.00 be allocated from the Parking Meter Fund for landscaping in and around the viaduct parking lots. Ayes: Councilmen: Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: STRUCTURAL WORK ON SAN RAFEL CITY LIBRARY - File The Council accepted the report by Architect Andrew James Ring III on the structural repairs necessary to make the library safe in case of earthquake and continued further discussion to January 15th, 1973 at 8:00 o'clock P.M. RE: SAN RAFAEL OPEN SPACE BOND ISSUE - File 8-12 On the recommendation of William J. Biel ser and Dennis Ciocca of Hornb lower & Weeks -Hemphill, Noyes, Inc. it was moved by Councilman Mulryan and seconded by Councilman Miskimen, that the open space bonds be sold on February 5th and an official statement for the bond issue at an approximate cost of $3,000.00 be printed. Ayes: Councilmen: Mi§kimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini PROPOSED MUNSON PARK TRUST FUND = TERRA LINDA COMMUNITY SERVICES DISTRICT - File 8-14 Moved by Councilman Mulryan, seconded by Councilman Miskimen, that the amount of $620.00 which is in the Munson Park Trust Fund under the custody of the Terra Linda Community Services District be put into a trust account to be used for park and recreational purposes in Terra Linda in the future. Ayes: Councilmen: Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: FEDERAL AID URBAN PROJECT - File 11-15 The City Council authorized City Engineer Ely Caillouette, Jr. to utilize Gas Tax Funds for the prelimin- ary engineer,ing aspects of the proposed FAU Project. January 29th, 1973 at 8:00 o'clock P.M. was set as a date for a public hearing on the Federal Aid Urban Project. RE: DRAINAGE PROBLEM AT THE EASTERLY END OF FRANCISCO BOULEVARD IN EAST SAN RAFAEL - File 12-9 Moved by Councilman Mulryan, seconded by Councilman Miskimen, that the City Engineer be directed to get together with the property owners in the easterly end of Francisco Boulevard to discuss the possible for- mation of an assessment district. Ayes: Councilmen: Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: OPEN SPACE REQUEST FROM TERRA LINDA COMMUNITY SERVICES DISTRICT - File 13-14-1 Richard Less, Past Vice -President of the Terra Linda Community Services District asked the Council for matching funds of $60,000.00, the approximate amount of the community "services district reserve, to pur- chase the Wintergreen-Knocknaboul parcel (Las Colindas Unit II) as it is now in danger of being developed. After a lengthy discussion with property owners in the Terra Linda Community Services District who spoke in favor of saving this parcel, and Jerry Meisling, owner of the property requesting fair consideration be given to his right to develop, the Council continued the matter to January 15th, 1973 at 8:00 o'clock P.M. RE: TERRA LINDA FIRE STATION - File 9-3-31 Moved by Councilman Mulryan and seconded by Councilman Miskimen, that proposals be solicited from in- terested architects for building a new fire station or for remodeling the existing station. Ayes: Councilmen: Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: SPECIAL MUNICIPAL ELECTION AND GENERAL MUNICIPAL ELECTION - APRIL 17, 1973 - File 9-4 City Clerk, Marion Grady presented the calendar for the April 17th election and a notice of erection for the Council's approval. Moved by Councilman Mulryan, seconded by Councilman Miskimen, to approve the calendar and notice of elec- tion and to set the time for polls to be open between the hours of 7:00 A.M. and 8:00 P.M. Ayes: Councilmen: Miskimen, Mulryan and Acting Mayor Jensen Noes: Counclmen: None Absent: Councilmen: Mayor Bettini RESOLUTION NO. 4359 - 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 RELAT11NG TO THE CONDUCT OF AN ELECTION AND CANVASS OF RETURNS - GENERAL MUNICIPAL ELECTION AND SPECIAL MUNICIPAL ELECTION. Ayes: Councilmen: Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: FINAL ADOPTION - ORDINANCE NO. 1086 - ROADWAY REALIGNMENT AT BELLAM BUU,-EVARD, AUBURN STREET AND JACOBY STREET - File 11-15.1 CHARTER ORDINANCE NO. of certain 10 6 - An ordinance of the City of San Rafael providing for the exchange and purchase real properties between the City of San Rafael and James R. and Barbara L. Walker, and ing Charter Ordinance No. 1086 number- was passed and adopted as an ordinance of the City of San Rafael by following vote, to -wit: the Ayes: Councilmen: Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: LEASE AGREEMENT PACIFIC GAS AND ELECTRIC PARKING LOT, LINDARO STREET - File 2-9-5 Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to extend for one year the agree- ment with Pacific Gas and Electric Company to lease the Lindaro Street Parking Lot with 97 spaces for $3600.00 per year. Ayes: Councilmen: Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: PERSONNEL - File 7-5 Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, that the following persons be placed on the payroll: (a) Jeanne M. Leoncini, Range 6-A, $606.00 effective January 1, 1973• (b) Bruce Thompson from Maintenance Man 1, Range 9-E, $828.00 to Maintenance Man II, Range 11-D, $867.00 effective January 1, 1973• (c) James Darrell Schmidt, Maintenance Man 1, Range 9-A, $692.00 effective January 1, 1973• (d) Gilbert J. MacQuarrie, III, Police Cadet, Range 3, Step A, $530.00 effective December 13, 1972• Ayes: Councilmen: Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen:None Absent: Councilmen: Mayor Bettini RE: PERSONNEL - File 7-5 Authorization to place Junior Civil Engineer on regular monthly payroll and to promote one existing Junior Civil Engineer to Assistant Civil Engineer was carried over to January 15, 1973• RE: CLAIM FOR PROPERTY DAMAGE - HARRY A. CONNICK - File 3-1-Tt &'-' % Motion was made by Councilman Mulryan, seconded by Uouncilman Miskimen, that the claim of Harry A. Con - nick for damage to his retaining wall and garden allegedly caused by a plugged drainage culvert be denied. Ayes: Councilmen: Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None /absent: Councilmen: Mayor Bettini RE: REORGANIZATION OF CITY MANAGER'S OFFICE - File 9-3-11 The Council accepted the resignation of City Manager James McCown. On the recommendation of Acting City Manager William Bielser, it was moved by Councilman Mulryan, seconded by Councilman Miskimen, to reor- ganize positions in the City Manager's office creating an Administrative Assistant to the City Manager at a salary range of $1017 to $1230 and an Assistant to the City Manager at the salary range of $1143 to $1388. RESOLUTION NO. 4357 - RESOLUTION AMENDING RESOLUTION NO. 4289 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: Miskimen, Mulryan and Acting Mayor Jensen Moes: Councilmen: None Absent: Councilmen: Mayor Bettini RESOLUTION NO. 4360 - RESOLUTION AMENDING RESOLUTION NO. 4290 ADJUSTING THE SALARY RANGE FOR CLERICAL CLASSIFICATIONS("Y" RATES) Ayes: Councilmen: Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: MID -YEAR FINANCIAL STATUS REPORT AND PROPOSED BUDGET FOR REVENUE SHARING PROGRAM - File 8-5 The Council called for a mid -year financial status report and a proposed budget for the revenue shacing program at the first meeting in February, 1973• RE: REDEVELOPMENT - File 140 The report on the agreement with San Rafael School District was put over to January 15th, 1973. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated January 2nd, 1973, and Advice on Payroll dated January 5th, 1973, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND PARKING DISTRICT CAPITAL IMPROVEMENT FUND STORES REVOLVING EQUIPMENT REVOLVING REDEVELOPMENT FUND Payroll: GENERAL FUND PARKS FUND LIBRARY FUND PARKING METERS $ 40,016.46 836.30 4,163.15 641.72 12,191.51 1 ,010.83 2,903.69 _ 66.59 $ 1,730.25 140,698.53 6,776.06 5,408.90 734.46 $ 153,617.95 Council adjourned to Monday, January 15th, 1973 at 8:00 o'clock P.M. MARION A. G RADY� E i ty Clerk Approved this / f&day of MAY&R OF THE CITY OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Monday, January 15th, 1973 at 7:30 o'clock. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: GENERAL PLAN - CITIZENS ADVISORY C OMMITTEE - File 9-2-15 The Council met in executive session to discuss the appointments to the General Plan Citizens Advisory Committee. The matter was continued for two weeks. Meeting adjourned. - MARION A. GRADY, City Clerk(/- Approved lerk Approved this /7&day of A I-, 19 23 MAYOR OF THE CI OF SAN AFAEL In the Council Chambers of the City of San Rafael, Monday, January 15th, 1973 at 8:00 o'clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: APPROVAL OF MINUTES Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, and carried, the minutes of the Adjourned Regular Meeting of November 8, 1972, Adjourned Regular Meeting of November 8, 1972, Special Meeting of November 20, 1972, Regular Meeting of November 20th, 1972, and Special Meeting of November 20, 1972, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL FOR USE PERMIT AT 127 ROSS STREET - File 10--i-5 The public hearing in this matter was opened December 4th and continued to this evening. There being no one present, the Mayor continued the hearing to February 5th, 1973 at 8:00 o'clock P.M. RE: PUBLIC HEARING - REZONING EXTENSION OF MITCHELL BOULEVARD (NORTHGATE INDUSTRIAL PARK UNIT 2) - File 1n_12 This public hearing was opened December 18th, and continued to this meeting. Senior Planner Charles Linthicum presented a written report to the Council outlining the purpose of this zoning action and the basis of the Planning Commission's unanimous approval. He also included the con- ditions of the use permit under which the zoning would be controlled as to its physical development. The Planner suggested two changes to the parking criteria and recommended that with these changes the prop- erty be rezoned. No one else wished to address the Council on the matter, the Mayor declared the hearing closed. 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 A GPC -MH (General Plan Conflict -Heavy Commercial and Manufacturing with Parking Requirements) Dis- trict to A GPC -PC (General Plan Conflict -Planned Community) District, and numbering Charter Ordinance 1091 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Ndes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - UNDERGROUND UTILITY DISTRICT NO. 5 - EAST FRANCISCO BOULEVARD FROM IRWIN STREET TO BELLAM BOULEVARD - File 12-1 Resolution No. 4337 adopted December 4th, 1972 called for a public hearing by the Council on January 15, 1973 at 8:00 o'clock P.M. and copies of this resolution were mailed to all property owners on Francisco Boulevard from Irwin Street to Bellam Boulevard. Mayor Bettini declared the hearing open. Director of Public Works, Norris M. Rawles, City Manager, William J. Bielser and Mr. Robert Roumiguiere discussed the priority to be given to the Francisco Boulevard undergrounding and also the means of financing the project. There being no one else wishing to discuss the matter, the Mayor declared the hearing closed. RESOLUTION NO. 4363 - ESTABLISHIGN UNDERGROUND UTILITY DISTRICT NO. 5• Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PROCLAMATION - File 110 Mr. Steven Heller representing the Christmas Eve Peace Committee requested the Mayor to proclaim January 20th Peace Day and requested that the Council lead citizens in a march for peace - RE: FINAL ADOPTION - ORDINANCE NO. 1085 - EMERGENCY SERVICES ORGANIZATION OF THE CITY OF SAN RAFAEL CIVIL DEFENSE AND DISASTER - File 13-11 CHARTER ORDINANCE NO. 1085 - An ordinance of the City Council of the City of San Rafael relating to the repeal of Title 7 of the City of San Rafael Municipal Code entitled Civil Defense and Disaster, includ- ing Chapters 7.04, 7.08, 7.12 and 7.16 and re-enacting Title 7 entitled Emergency Services Organization of the City of San Rafael Municipal Code, and numbering Charter Ordinance No. 1085 was passed and adopted as an ordinance of the City of San Rafael by the following vote, towit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FINAL ADOPTION - ORDINANCE NO. 1087 - REZONING (Z72-22 LINCOLN AVENUE FROM R-1 TO R-4 - BRIAN COLLINS AND TERENCE CURRAN - File 10-3 CHARTER ORDINANCE NO. 1087 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from A R-1 (Single Family Residential) District to A R-4 (Transient Residential) District, and numbering Charter Ordinance No. 1087 was passed and adopted as an ordinance of the City of San Rafael by the following vote, towit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FINAL ADOPTION - ORDINANCE NO. 1088 - ORDINANCE REGULATING INTRUSION DETECTION AND/OR BURGLARALARM AND FIRE ALARM SYSTEMS - File 9-3-30 x 13-8-1 CHARTER ORDINANCE NO. 1088 - An ordinance of the City of San Rafael amending Title 8 of the Municipal Code by adding Chapter 8.20 regulating intrusion detection and/or burgfiar alarm and fire alarm systems, and numbering Charter Ordinance No. 1088 was passed and adopted as an ordinance of the City of San Rafael by the following vote, towit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FEASIBILITY STUDY FOR THE PURCHASE AND PRESERVATION OF ROBERT DOLLAR ESTATE - File 13-14-2 �( of -% 4 A preliminary outline for a study of the feasibility of purchasing and preserving the Robert Dollar Estate was presented by Richard Lee. The Council agreed to the study being made with contrib utions by the City on a 50-50 basis not to exceed $1,000.00 and the study to be completed within ninety days. City Attorney was instructed to draw up an agreement with Marin Heritage covering these points. RE: OPEN SPACE REQUEST FROM TERRA LINDA COMMUNITY SERVICES DISTRICT (LAS COLINDAS UNIT II) - File 13 -14 -1 - City Engineer, Ely Caillouette, Jr. reported on the status of the improvement plans and final map on Las Colindas Unit II and City Manager, William J. Bielser reviewed the request of the Terra Linda Community Services District for Council purchase of the land for open space. Mr. John Nicholas read and presented to the Council a petitiion of over 1,000 signatures repcesenting 688 families requesting the use of CSD reserve funds to purchase the Spring Hills properties above Winter- green Terrace and Las Colindas Road. Mrs. Sae Beittel and Mrs. Jean Starkweather also spoke in support of this purchase. Mr. Jerry Meisling one of the owners and developers of the area in question requested that the Council permit him to proceed with the development in an orderly way. After discussion, the matter was referred to the staff for a review and continued for two weeks. RE: REDEVELOPMENT - File 140 The City Council adjourned to meet as a Redevelopment Agency. The Council reconvened with all members present. 13-14-1x 9-4 (9/19/72) x RE: SAN RAFAEL OPEN SPACE BONDS - File 8-12 RESOLUTION NO. 4368 - RESOLUTION PROVIDING FOR THE ISSUANCE OF $2,250,000 PRINCIPAL AMOUNT OF "CITY OF SAN RAFAEL OPEN SPACE BONDS;" DESCRIBING THE BONDS; AUTHORIZING THEIR EXECUTION; PROVIDING FOR THE LEVY OF A TAX TO PAY PRINCIPAL AND INTEREST THEREON; AND DIRECTING NOTICE OF SALE OF THE BONDS TO BE GIVEN. Ates: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councidimen: None Absent: Councilmen: None RE: PUBLIC TOILET ADDITION TO LIBRARY - F1.1e 4�-/-a�06 Mr. Bryce Anderson of the San Rafael Library Board reported that the bids for the public toilet room addition to the library came in at $5,000 over the estimate. Because the library anticipates a bond issue for a library expansion, he recommended against this expenditure at this time. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to rejett all bids. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The Council authorized the Library Board to proceed with plans for an October Bond issue for the additions to the library. The Council also authorized that funds budgeted for the pub]cc toilet room addition to the library be spent for earthquaking and suggested that formal plans be presented to the City Manager's office for approval by the Council. RF: LUCAS VAIIFY CPFN gPACF IANDSLIDF - File A -9S City Engineer, Ely Caillouette, Jr. presented a report from a firm of soils Engineers stating the con- ditions of severe erosion and landslide on the Lucas Valley Open Space. The Council accepted the repeat and carried the matter over to the February 5th meeting. RE: FEDERAL AID URBAN PROJECT - File 11-15 City Engineer, Ely Caillouette, Jr. reviewed the proposed alternative stages of the work under the Federal Aid Urban Project and the Council agreed to priority being given to the area from Marquard Avenue to the San Anselmo City line. The matter was continued to the public hearing on January 29th, 1973 at 8:00 o'clock P.M. RE: HAMILTON PROPERTY TRANSFER FROM SAN ANSELMO TO SAN RAFAEL - File 5-2-58 RESOLUTION NO. 4364 - RESOLUTION OF CONSENT TO TRANSFER TERRITORY - A RESOLU- TION, PURSUANT TO SECTION 35271 OF THE GOVERNMENT CODE, CONSENTING TO THE TRANSFER OF TERRITORY NOW IN THE CITY OF SAN ANSELMO, AND OWNED BY ROBERT B. HAMILTON AND MR AND MRS. HARRY KUPBENS, TO THE CITY OF SAN RAFAEL. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REQUEST OF E.S. ARNTZ TO DEDICATE PARCELS OF LAND IN BAYSIDE ACRES TO CITY OF SAN RAFAEL - File 13-14-1 The offer of Mr. E. S. Arntz to present portions of land in Bayside Acres to be zoned as a green belt which land is contiguous to the City boundaries was referred to the Parks and Recreation Department. RE: SMITH RANCH ROAD - CONTEMPO MOBILE HOME PARK - File 9-8 Because the developers of Contempo Mobile Home Park have failed to provide adequate access across Smith Ranch Road, the Council set February 5th, 1973 as the date for a public hearing to determine whether or not their permit shall be revoked. RE: RESOLUTION ACCEPTING GRANT DEED OF BELLAM BOULEVARD AND BAHIA WAY CONDOMINIUM MAP OF ''BAHIA DE RAFAEL UNIT 2" IN EAST SAN RAFAEL - File 5-1-211 RESOLUTION NO. 4392 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed from McKeon Construction for right-of-way of Bellam Blvd. & Bahia Way) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SANITARY SEWER EASEMENT BETWEEN PROSPECT DRIVE AND LINCOLN AVENUE - File 2-3 RESOLUTION NO. 4393 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. (10' Wide Sanitary Sewer Easement between Prospect Drive and 1747 Lincoln Ave.) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SALE OF OLD FRANCISCO BOULEVARD PUgP STATION TO THE STATE OF CALIFORNIA - File 2-1-5 RESOLUT'IION NO. 4366 - A RESOLUTION AUTHORIZING THE SIGNING OF X LEASE OR AGREEMENT. (State of California, Dept. of Public Works, Division of High- ways) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC COMMITTEE RECOMMENDATIONS - File 11-9 RESOLUTION NO. 4394 - A RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. (On Lea Drive at Regina Way (both directions) Making this a i-way Stop intersection Ayes: Councilmen: Jensen, Miskimen, dulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4395 - A RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. (Belle Avenue and Ridge Avenue, Mak- ing this a i-way Stop intersection) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4396 - RESOLUTION DESIGNATING AND DESCRIBING TWO (2) HOUR LIMIT PARKING AREA. (Joseph Court - North Side Only) Ayes: Councik[NY�:Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ORDINANCE TO PROVIDE FOR DISCRETIONARY PAYMENT TO AUXILIAYR POLICE - File 7-4 An ordinance of the City of San Rafael amending Title 2, Chapter 2.12 Section 2.12.120 providing for dis- cretionary payment to auxiliary police, and nuiibering Charter Ordinance No. 1089 was read, introduced and ordered passed to print by the following vote, towit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None n 0 RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the following personnel actions be taken: (a) Roland Lee Brust from Junior Civil Engineer (Range 15-E, $1,091 to Assistant Civil Engineer, Range 17-D $1,142. (b) Chris Southard as permanent Junior Civil Engineer, Range 15-B, $950.00. (c) Jack Kenneth Karr, Patrolman, Range 14a, Step A, $886.00. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: DESIGNATION OF MANAGEMENT AND CONFIDENTIAL PERSONNEL - File 7-4 RESOLUTION NO. 4365 - RESOLUTION DESIGNATING MANAGEMENT & CONFIDENTIAL EMPLOYEES. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ROADWAY REALIGNMENT AT BELLAM BOULEVARD, AUBURN STREET AND JACOBY STREET - File 11-15.1 An ordinance of the City of San Rafael repealing Ordinance No. 1086 and providing for the exchange and purchase of certain real properties between the City of San Rafael and James R. and Barbara L. Walker, and numbering Charter Ordinance No. 1090 was read, introduced and ordered passed to print by the follow- ing vote, towit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SALE OF GENERAL OBLIGATION BONDS - File 8-12 Councilman John Miskimen reported on his trip to New York to discuss the City's bond rating. RE: TRANSFER OF FUNDS - File 8-14 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that $5,000 be transferred from the unbudgeted reserve to cover the salary of Charles Clivio as Parking Meter Collector now working full time. RE: REDWOOD EMPIRE DIVISION - LEAGUE OF CALIFORNIA CITIES - File 9-11-1 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to appoint John Miskimen as the City's representative and Mayor Bettini as the alternate representative to the Redwood Empire Division of the League of California Cities. RE: CITY/RANAGER - File 9-3-11 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that Acting City Manager, William J. Bielser be appointed to the position of City Manager. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The Council adjourned in memory of Dr. Harry 0. Hund, former Health Officer of the City of San Rafael. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated January 15, 1973, and Advice on Payroll dated January 19, 1973, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 45,091.93 PARKS FUND 1,348.16 LIBRARY FUND 4,090.02 PUBLIC EMPLOYEES RETIREMENT FUND 36,761.63 PARKING DISTRICT 482,79 STORES FUND 628.94 EQUIPMENT REPLACEMENT FUND 7,784.20 REDEVELOPMENT FUND 2,130.03 PARKING METER 5.35 TRUST & AGENCY 34.95 Payroll: GENERAL FUND $ 134,887.74 PARKS FUND 6,808.00 LIBRARY FUND 5,709,57 PARKING METERS 767,90 $ 148,173.21 MARION A. GRADY, City Clerk Approved this t9 day of -7 MAYOR OF THE CITY 'OF SAN RA FAEL In Room 201 of the City of San Rafael, Monday, January 29th, 1973 at 7:30 o'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: CITIZEN'S ADVISORY COMMITTEE FOR NEW SAN RAFAEL GENERAL PLAN - File 9-2-15 The City Council met and selected a committee of sixty members to serve on a Citizen's Advisory Committee and appointed Richard Rodrigues as Interim Chairman of the group. Meeting adjourned. MARION A. GRADY, City Clerk Approved this day of 1973• MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, January 29th, 1973 at 8:00 o'clock P.M. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. MuIryan, Councilman RE: CITIZEN'S ADVISORY COMMITTEE FOR SAN RAFAEL GENERAL PLAN - File 9-2-15 The following persons were appointed to the Citizen's Advisory Committee for the San Rafael General Plan: James Ring Rex T. Silvernale Richard Lee N. C. Green Steven Sachs George Banning Mary Martz Julian Lifschiz Dorothy Briener Mary Dekker Ivor J. Davies Peter Schmid Mary Mayock Elizabeth Grasham Alfred G. Hansen Erik Tryde Inke Benton Dave Nelson Gene A. Foppiano William Conner John C. Reynolds Marc Neuhaus Jean Starkweather Leland S. Bright Louis Della Valle Robert Talley Carol Sadler L. C. Gilliland Harold Z. Strauss Philip Hershwistsky Jerry Russom Lee Strauss Tina Ferris Brian Bettini Susan Beittel Peter Palches Ann Batman Barbara Narita Eric Eitreim Mary Lou Jacobson Richard Olmsted Cyril T. Hofmeister, Jr. James D. Mahoney Connie Lashbrobk Anise Turina Richard G. Pearson Melvin A. Geister Richard C. Fox Bruce Bajema Nelson G. Green John P. Kelly Joseph Caramucci John Galbraith Cecelia E. Martz S. K. Herzog, Jr. Mary Conte Warren Nute L. P. Biancalana Paul J. Broman Richard Rodrigues Mr. Richard Rodrigues was named Interim Chairman. RE: PUBLIC HEARING - FEDERAL AID URBAN PROJECT PHASES II AND III - FOURTH STREET AND MIRACLE MILE FROM MARQUARD TO WESTERLY CITY LIMITS - File 11-15 Mayor Bettini declared the public hearing open. The transcript of the proceedings in this matter are on file in the office of the City Clerk and by re- ference Made a part of these minutes. Mayor Bettini declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to proceed with the Federal Aid Urban Project Phases II and III. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REPORT ON BIDS - STREET SWEEPER - File 9-3-416 City Manager, William J. Bielser reported that the following bids were received on the Street Sweeper: Western Traction Company $ 20,800 plus trade-in Sweeper Nixon Egli Company $ 22,202 plus trade-in Sweeper He recommended that the bid be awarded to the low bidder. RESOLUTION NO. 4397 - RESOLUTION AWARDING BID FOR STREET SWEEPER (Western Traction Company) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REPORT ON BID - 1973 MODEL HEAVY DUTY TRUCK, CAB AND CHASSIS - File 9-3-41 City Manager, William J. Bielser reported that the following bids had been received for a 1973 Model Heavy Duty Truck Cab and Chassis: Stan Wisnes $ 3,838.86 De Long Chevrolet $ 3,956.36 Lyons Ryan Ford $ 4,006.43 He recommended that the bid be awarded to Stan Wisnes Pontiac. RESOLUTION NO. 4398 - RESOLUTION AWARDING BID FOR ONE 1973 MODEL HEAVY DUTY TRUCK, CAB AND CHASSIS. (Stan Wisnes Pontiac) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARKING STRIP OPPOSITE WHISTLE STOP - File 12-14 x 4-13-31 Motion was made by Councilman Mulryan, seconded by Councilman Jensen, to approve the expenditure of $5,000 to improve a strip of land across from the Whistle Stop on Tamalpais Avenue and an agreement for reim- bursement of 50% of the cost by the Marin Senior Coordinating Council be signed. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ACQUISITION OF JANAKES PROPERTY - File 2-1-43 Moved by Councilman Jensen, seconded by Councidsman Miskimen, to purchase the property on the southeast corner of Fifth and D Streets for $145,000.00 and to budget $18,500.00 to improve the property for a parking lot. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LINDENWOOD COURT LANDSLIDE - File 13-9 Mr. Richard Kuhn representing property owners on Lindenwood Court in Glenwood requested that the Council take immediate action to require that corrective measures be implemented to abate a public nuisance caused by landslide on the lands owned by N.Y.-Cal Industrial Corporation. After discussion, it was agreed that the Director of Public Works, City Attorney and City Manager would appear before the Marin County Board of Supervisors at their meeting and inform them of the situation. City Attorney was requested to write a letter to N.Y.-Cal Industrial Corporation and to research the question of public nuisance. The matter was continued to February 5th, 1973• RE: SAN RAFAEL SPECIAL MUNICIPAL ELECTION AND GENERAL MUNICIPAL ELECTION - APRIL 17, 1973 - File 9-4 The Council proposed the following amendments to the City Charter for the April 17th General Municipal Election: The San Rafael Board of Education to appoint members to fill vacancies on the school board; the appointee to serve until the next City election. Appointees to the vacancies on the City Council to serve until the next City Election, and the election then to fill out the unexpired term. The size of Parks and Recreation Commission, Fire Commission and Library Board to be set by ordinance. Raise to $3500 the amount of money the City may spend before being required to call for bids. Reduce from three years to one year the City's residency requirement which candidates for elective office must meet. Change the limitation on advertising and promotion to be 25% of the City's transient occupancy tax with a $15,000 maximu. The City Treasurer's office to be appointive rather than elective. Council adjourned. �� lcr�L�-�o � G� /� C• MARION A. GRADY, City Clerk Approved this Al/ t day of /�>, 1973• �4��-_ MAYOR OF THE CITY -OF SAN RAFAEL In Room 201 of the City of San Rafael, February 5th, 1973 at 7:30 o'clock P.M. Special Meeting: RE: EMPLOYER-EMPLOYEE NEGOTIATIONS - File 7-4 Present: C. Paul Bettini, Mayor Councilman Fred E. Jensen Councilman John A. Miskimen Councilman Lawrence E. Mulryan The Council discussed with City Manager, William J. Bielser the forthcoming negotiations with the various employee groups. MARION A. GRADY, City Clerk Approved this //-:-, day of Q/ 19 73 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, February 5th, 1973 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Miskimen, and carried, the minutes of the adjourned regular meeting of November 27, 1973 and the regular meeting of December 4th, 1972, a true and correct copy having been heretofore submitted to each member were approved. RE: PETITION FOR SIDEWALK ON WOODLAND AVENUE - File 101 x 11-7 Director of Public Works, Norris Rawles reportdd that a sidewalk had been installed on Woodland Avenue across from Davidson School in response to request of Davidson School P.T.A. RE: PRESENTATfON-OF RESOLUTION-HONBRING JEREMY DWY�ER- File 102 The Council presented R. Jeremy Dwyer a Resolution of Commendation in recognition of his many achiefinents and unselfish contribution of time and effort to the young people of this community. RESOLUTION NO. 4407 - RESOLUTION OF COMMENDATION FOR R. JEREMY DWYER. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DENIAL OF TENTATIVE MAP OF PEACOCK GAP UNIT 5 (GPC - 72-6) - File 10-5 At the request of Peacock Gap Homeowners Association and the American Savings and Loan Association repre- sented by Julius H. Selinger, the Council continued the public hearing on the Peacock Gap Unit 5 appeal to February 26, 1973 at 8:00 o'clock P.M. RE: PUBLIC HEARING - BAHIA DE RAFAEL ?I!NDUSTRIAL PARK ASSESSMENT DISTRICT - File 6-24 Mayor Bettini declared the public hearing open. No protests were received. There was no one present to protest the finalizatiDn of the assessment dis- trict. Mayor Bettini declare d the hearing closed. The Council then took the fod:lowing actions: RESOLUTION NO. 4371 - RESOLUTION DIRECTING FILING OF AN AMENDED ENGINEER'S REPORT AND AMENDED ESTIMATE OF COST IN BAHIA DE RAFAEL-INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and and Mayor Bettini Noes: Councilmen: None Abseat:Councilmen: None AMENDED ENGINEER'S REPORT WAS FILED. AMENDED ENGINEER'S ESTIMATE OF COST WAS FILED. RESOLUTION NO. 4372 - RESOLUTION AUTHORIXING EXECUTION OF AGREEMENT BETWEEN PACIFIC GAS AND ELECTRIC AND THE CITY OF SAN RAFAEL IN CONNECTION WITH BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RESOLUTION NO. 4373 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN PACIFIC TELEPHONE AND TELEGRAPH AND THE CITY OF SAN RAFAEL IN CONNECTION WITH BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RESOLUTION NO. 4374 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN TFE MARIN MUNICIPAL WATER DISTRICT AND THE CITY OF SAN RAFAEL IN CONNECTION WITH BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Hensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RESOLUTION NO. 4375 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN SAN RAFAEL SANITATION DISTRICT AND THE CITY OF SAN RAFAEL IN CONNECTION WITH BAHIA DE RAFAEL IN- DUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIF. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4376 - RESOLUTION AND ORDER APPROVING AMENDED ENGINEER'S REPORT, ORDERING THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS AND CONFIRMING ASSESSMENT, BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4377 - RESOLUTION AUTHORIZING CHANGES IN THE WORK TO BE MADE BY DIRECTOR OF PUBLIC WORKS OF THE CITY OF SAN RAFAEL IN CONNECTION WITH BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4378 - RESOLUTION AUTHORIZING SALE OF BONDS (Bahia de Rafael Industrial Park Assessment District) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BAHIA DE RAFAEL INDUSTRIAL PARK - File City Engineer, Engineer, Ely Caillouette, Jr. presented the final map of Bahia de Rafael Industrial Park; together with the subdivision agreement and necessary bonds for faithful performance and labor and material. RESOLUTION NO. 4385 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED ''BAHIA DE RAFAEL INDUSTRIAL PARK''. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Counc=ilmen: None RE: LUCAS VALLEY OPEN SPACE ASSESSMENT DISTRICT - File 6-25 Mayor Bettini declared the hearing open on the public convenience and necessity and on the Engineer's report for the Lucas Valley Open Space Assessment District. City Clerk, Marion Grady read three letters of protest from property owners in the assessment district. No one present at the meeting offered any protest. City Manager, William J. Bielser read his report on the Mont Marin landslide and the settlement reach with the property owners, where 3.09 acres will be deleted from the initial acquisition with no reduction in the purchase price and an option for $1.00 for a ninety-nine year period. That would be exercised in the future when the peesent owners of the property res64ve the landslide problem. Mr. Jerry Russom discussed the proposed improvements to the land for which the property owners in the dis- trict have voluntarily assessed themselves $10.00 additional per year and he requested that the City close off old Lucas Valley Bead from the east and west boundareis of the property. Mayor Bettini declared the hearing closed. RESOLUTION NO. 4380 - RESOLUTION OVERRULING PROTESTS. (Lucas Valley Open Space Assessment District) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4381 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS IN LUCAS VALLEY OPEN SPACE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4382 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL IN CONNECTION WITH LUCAS VALLEY OPEN SPACE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4383 - RESOLUTION AND ORDER APPROVING ENGINEER'S REPORT, ORDERING THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS AND CONFIRMING ASSESSMENT, LUCAS VALLEY OPEN SPACE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4384 - RESOLUTION AUTHORIZING CHANGES IN THE WORK TO BE MADE BY DIRECTOR OF PUBLIC WORKS OF THE CITY OF SAN RAFAEL IN LUCAS VALLEY OPEN SPACE ASSESSMENT DIS- TRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None 13-14-1 x 9-4 (9/19/72) x RE: SAN RAFAEL OPEN SPACE BONDS - File 8-12 RESOLUTION NO. 4369 - RESOLUTION AUTHORIZING SALE OF BONDS IN CONNECTION WITH THE SAN RAFAEL OPEN SPACE GENERAL OBLIGATION BOND ISSUE, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RF: PUBLIC HEARING - CONTEMPO MOBILE HOME PARK - File 9-8 Mayor Bettini declared the hearing open. City Engineer, Ely CaiIlouette, Jr. reported that the work has been done to improve the access across Smith Ranch Road. The Mayor declared the hearing closed. RE: PUBLIC HEARING - APPEAL - DENI-AL OF USE PERMIT (GPC 72-18) - 127 ROSS STREET - TAMALPAIS LAND AND DEVELOPMENT COMPANY - File 10-5 Mayor Bettini declared the public hearing open. City Planner, Herbert G. Hotchner informed the Council that because of a 3 to 3 tie vote at the Planning Commission meeting, the motion to declare this rezoning as conforming with future general plan and zoning ordinance revision failed. Copies of the Planning Commission minutes and the staff recommendations were before the Council. If the Council grants this appeal, the property owner will be permitted to submit plans to the Planning Commission for further review as to the density to be permitted. Mr. John Reynolds representing the Tamalpais Land and Development Company stated that the building which was on this property has been demolished because of its dilapidated condtion. Mr. Sol Abrams also addressed the Council. City Attorney, Fred Robbins, Jr. ruled that, if the appeal is granted, the City can still control the density to be permitted. Mayor Bettinie declared the hearing closed. Moved by Councilman Mulryan, seconded by Councilman Jensen, that the appeal be granted on condition that the matter of density on the GPC zoning be retained. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: COMMITTEE FOR SELECTION OF OPEN SPACE LAND - File 13-14-1 City Planning Director and City Manager were instructed to form the basis for selection of the open space acquisition committee. RE: FINAL ADOPTION OF ORDINANCE NO. 1089 - ORDINANCE TO PROVIDE FOR DISCRETIONARY PAYMENT TO AUXILIARY POLICE - File 7 - CHARTER ORDINANCE NO. 1089 - An ordinance of the City of San Rafael amending Title 2, Chapter 2.12, Section 2.12.120 providing for discretionary payment to auxiliary police, and numbering Charter Ordi- nance No. 1089 was passed and adopted as an ordinance of the City of San Rafael by the following vote, towit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE FINAL ADOPTION OF ORDINANCE NO 1Q90 ROADWAY RCAI ir_nirn�nir AT RFI I AM BOl1LEUARD A IB 1RN STREET AND IACOBY STRFFT — File 11-15.1 X'/ /c CHARTER ORDINANCE NO. 1090 - An ordinance of the City of San Rafael repealing Ordinance No. 1086 and providing for the exchange and purchase of certain real properties between the City of San Rafael and James R. and Barbara L. Walker, and numbering Charter Ordinance No. 1090 was passed and adopted as -an ordinance of the City of San Rafael by the following vote, towit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FINAL ADOPTION OF ORDINANCE NO. 109.1 - REZONING EXTENSION OF MITCHELL BOULEVARD (NORTHGATE INDUSTRIAL PARK UNIT 2) - File 10-3 CHARTER ORDINANCE NO. 1091 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.T5.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from A GPC -MH (General Plan Conflict -Heavy Commercial and Manufacturing with Parking Requirements) District to A GPC -PC (General Plan Conflict -Planned Community) District, and numbering Charter Ordinance No. 1091 was passed and adopted as an ordinance of the City of San Rafael by the following vote, towit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor %ttini Noes: Councilmen: None Absent: Councilmen: None RE: REQUEST OF LLOYD V. AND EUNICE P. ABRAHAMIAN TO TRANSFER CARD ROOM LICENSE TO NEW LOCATION - File 9-10 Moved by Councilman Miskimen, seconded by Councilman Jensen, that Lloyd V. and Eunice P. Abrahamian be permitted to transfer their card room license at 869 Fourth Street to another location across the street. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RESOLUTION CONFIRMING THAT THE CITY HAS NO CLAIM_ ON THE ESTATE OF JOHN F. MCINNIS - File 12n RESOLUTION NO. 4388 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CLAIMING NO INTEREST IN THE ESTATE OF JOHN F. MCINNIS. Ayes: Councilmen: 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. 4387 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Golden Gate Bridge, Highway and Transportation District) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent -:Councilmen: None RE: ''STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS, STANDARD SPECIFICATIONS JANUARY, 1.973'', SECTIONS 10 THROUGH 95 - File 5-1 Moved by Councilman Jensen, seconded by Councilman Mulryan, to adopt the State of California, Department of Public Works Division of Highways Standard Specifications January 1973, Section 10 through 95. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: INSTALLATION OF AUTOMATIC SIGNAL PROTECTION AT N.W.P. RAILROAD CROSSING NO. 5-17.1 - MISSION AVENUE AT TAMALPAIS AVENUE - File 4-1-196 x 117 x -5-1 RESOLUTION NO. 4386 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SUBMISSION OF THE REQUEST TO THE PUBLIC UTILITIES COMMISSION FOR FUNDS TO ASSIST THE CITY IN PAYING ITS SHARE OF THE COST FOR THE AUTOMATIC GRADE CROSSING PROTECTION AT MISSION AVENUE AND NORTHWESTERN PACIFIC RAILROAD CROSSING NO. 5-17.1. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor B6ttini Noes: Councilmen: None Absent: Councilmen: None RE: EXTENSION TO THE AGREEMENT WITH RODDING -CLEANING MACHINES, INC. FOR PROJECT NO. 9513(72.160) ''SANITARY SEWER SYSTEM - INFILTRATION CONTROL PROJECT - CLEANING - File -1-193 RESOLUTION NO. 4408 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. (Sanitary Sewer System -Infiltration Control Project - Cleaning Project No. 9513(72.160) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: EXTENSION TO THE AGREEMENT WITH HOFFMAN AND ALBRITTON FOR THE ALLARDT'S CANAL SURVEY F File 4-3-50 RESOLUTION NO. 4409 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. (Allardt's Canal Survey) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: AGREEMENT WITH TRUST DEPARTMENT OF BANK OF AMERICA, SAN FRANCQ'SCO TO DESTROY PAID OR CANCELLED BONDS OR COUPONS - File 9-13 x -10-58 RESOLUTION NO. 4410 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Bank of America) .9 85 RE: BID FOR GENERAL DEPOSITORY BANK ING SERVICES AND COUNTING OF COINTS COLLECTED FROM PARKING METERS - File -10-59 City Treasurer, John Averett reported on the receipt of bids from all main banks in San Rafael for general depository banking services and counting of coins collected from parking meters. RESOLUTION NO. 4411 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Security Pacific National Bank) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PROTEST FROM L. E. WEISENBURG, JR., RE WEED ABATEMENT - File 13-10.1 Mr. L. E. Weisenburg, Jr. addressed the Council relative to a billing in the amount of $48.13 for the removal of weeds on Lot 16, Newport Subdivision, stating that his objection was to the lack of an overall enforcement policy and that the provisions are not applied to all lots within the City. After discussion, Mr. Weisenburg agreed to payment of the bill and the staff was instructed to work out necessary amendments to the ordinance. RE: NEW SAN RAFAEL GENERAL PLAN - File 115-1 x 9-2-15 Planning Director, Herbert Hotchner presented the progress report and the new base map which has been prepared for the production of the new San Rafael General Plan and stated that public review will take place about May of 1973• RE: TERRA LINDA COMMUNITY SERVICES DISTRICT OPEN SPACE REQUEST - File 13-14-1 City Manager, William J. Bielser reported on staff review and Parks and Recreation Commission concurrence of the possibility of purchase of the 16 lot Los Colindas, Unit II property as well as the immediately adjacent Sthymmel-Boccone property and recommended that $700 be appropriated from the CSD reserve for three months options on the two parcels. RESOLUTION NO. 4412 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Terra Linda Community Services District Open Space) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Roes: Councilmen: None Absent: Councilmen: None RE: SPHERE OF INFLUENCE - CITY OF SAN RAFAEL RE SAN QUENTIN AREA - File 10-2 The Council accepted a report from Planning Director Herbert G. Hotchner and it was moved by Councilman Mulryan, seconded by Councilman Miskimen, to adjust San Rafael's sphere of influence to include the top of the ridgeline between the San Quentin institution and that portion of the slope which faces into San Rafael Bay. RE: TERRA LINDA FIRE STATION - File 12-3 Moved by Councilman Jensen, seconded by Councilman Mulryan, to accept the report of City Manager, William J. Bielser to defer construction of the new fire station in Terra Linda until the results of the new general plan are known, and to authorize an expenditure of up to $7500 for necessary improvements to the Terra Linda Fire Station. Ayes: Councilmeh: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARKING LIMITS - MUNICIPAL PARKING LOT 5th AVENUE AND "C" STREETS - File 11-8 RESOLUTION NO. 4413 - RESOLUTION CHANGING TIME LIMIS FOR PARKING AT FIFTH AVENUE AND "C" STREET PARKING LOT. (Upper Deck from 3 hours to 5 hours (The c)nwer deck to remain two hour limit parking) Ayes: Councilmen: Hensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LINDENWOOD COURT LANDSLIDE - File 13-9 After discussion.with Mr. Richard Kuhn, attorney representing property owners on Lindenwood Court, Director of Public Works Norris Rawles was instructed to obtain cost figures for the removal of debris and securing the slide area and to report back at the meeting of February 12th. RE: SAN RAFAEL SPECIAL MUNICIPAL ELECTION AND SAN RAFAEL GENERAL MUNICIPAL ELECTION - APRIL 17, 1973 Fi le 9-4 RESOLUTION NO. 4370 - RESOLUTION PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF SAN RAFAEL AND SUBMITTING THE SAME TO THE ELECTORS OF SAID CITY AND ORDERING THE PUBLICATION THEREOF. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4425 - RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL ORDERING CONSOLIDATION OF THE DIXIE SCHOOL DISTRICT GbVERNING BOARD MEMBER ELECTION, ,MARIN COMMUNITy COLLEGE DISTRICT GOVERNING BOARD MEMBER ELECTION, AND THE MARIN COUNTY BOARD OF EDUCATION, TRUSTEE AREA NO. 3 GOVERNING BOARD MEMBER ELECTION WITH THE SAN RAFAEL CITY ELECTION TO BE HELD ON APRIL 17, 1973. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL FIRE COMMISSION - RESIGNATION OF HARRY M. WILLIAMS - File 9-2-5 Moved by Councilman Mulryan, seconded by Councilman Miskimen, to accept with regrets the resignation of Harry M. Williams as a Fire Commissioner and prepare a resolution commending him for his service to the City of San Rafael. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CERTIFICATION OF ELIGIBILITY LIST FOR JUNIRO CIVIL ENGINEER - File 7-4 Moved by Councilman Jensen, seconded by Councilman Miskimen, to certify those persons named as qualified for the position of Junior Civil Engineer as submitted by Administrative Assistant to the City Manager, Virginia H. Congdon. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Moved by Councilman Jensen, seconded by Councilman Mulryan, to place the following employees on the re- gular payroll: (a) Fred Vincenti, Jr. Civil Engineer (Range 15-A), $907 effective January 31, 1973• (b) David Lee Gasser, Patrolman (Range 14a Step A), $886 effective February 6, 1973. (c) Eileen Staub, Library Assistant, (Range 6, Step B) $633 effective January 8, 1973. (d) Matthew C. Gutnrie, Planning Technician, Range 13, Step A, $828 effective February 2,1973. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Coun c i rlimen : None Absent: Councilmen: None RE: CLAIM FOR PERSONAL INJURIES - VERONICA ANDREWS - File 3-1-28 Claim of Veronica Andrews, 105 Spring Grove Drive, San Rafael was presented. Moved by Councilman Jensen, seconded by Councilman Miskimen, that the claim be denied and referred to the City's Insurance Carrier. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilman None RE: CLAIM FOR PROPERTY DAMAGE - DONALD BURROWS - File 3-1-23 Claim of Donald Burrows, 720 Tamarack Drive, San Rafael was presented. Moved by Councilman Jcnsen, seconded by Councilman Mulryan, to authorize payment in the amount of $75.00 to Mr. Burrows for property damage. Ayes: Councilmen: Uensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LINDA LEX - PROPERTY DAMAGE - File 3-1-29 Claim of Linda Lex, 25 Foraker Drive, San Rafael was presented. Moved by Councilman Miskimen, seconded by Councilman Mulryan, that the claim be denied and referred to the City's insuranc-- carrier. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TURNOUT GEAR FOO -FIRE DEPARTMENT - File 9-3-31 City Attorney, Fred Robbins, Jr. requested the Council to declare the favorable bidder for the turnout gear for the Fire Department ''irresponsible bidder'' and authoirzed the Purchasing Department to negotiate with the next bidder to order supplies for the amount of $7,660.80. Moved by Councilman Miskimen, seconded by Councilman Jensen, to declare the favorable bidder ''irresponsible .987 bidder" and keep the full amount of the deposit. Ayes: Councilmen: Jensen, Miskimen and Mayor Bettini Noes: Councilmen: Mulryan Absent: Councilmen: None RESOLUTION NO. 4452 - RESOLUTION AWARDING CONTRACT. (Western Fire Equipment Company) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT - ROBERT AND TRUDY WENDT DBA SAN RAFAEL AUTO PARTS - File 4-10-60 City Attorney, Fred Robbins, Jr. presented an agreement between the City and Robert and Trudy Wendt dba San Rafael Auto Parts for the purpose of excavating an area approximately 10' by 10' in Lessees parking lot adjacent to Ritter Street for the purpose of locating a survey monument. RESOLUTION NO. 4426 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Robert and Trudy Wendt dba San Rafael Auto Parts) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CITY -COUNTY PLANNING COUNCIL - File 4-13-24 Councilman Lawrence Mulryan reportdd on his attendance at the City -County Planning Council meeting. RE: PURCHASE OF PROPERTY (JANAKES) SOUTHEAST CORNER, FIFTH AVENUE AND "D" STREET - Fiel 2-1-43 City Attorney, Fred Robbins, Jr. was instructed to investigate the State regulations concerning reloca- tion benefits for tenants of the property on the southeast corner of Fifth Avenue and "D" Street which the City intends to purchase. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated February 5, 1973, and Advice on Payroll dated February 5th,1973, and now on file in Finance office to which reference is hereby made for further particulars: CLAIMS: GENERAL FUND $ 137,304.16 PARKS FUND 1,284.96 LIBRARY rUND 4,735.37 PARKING DISTRICT 477.30 CAPITAL IMPROVEMENT FUND 7,434.65 STORES REVOLVING FUND 5.48 EQUIPMENT & REPLACEMENT FUND 3,274.16 REDEVELOPMENT FUND 12.00 PARKING METERS 2.34 EAST SAN RAFAEL DRAINAGE ASSESS- MENT DISTRICT 50.00 $ 154,580.42 PAYROLL: GENERAL FUND 143,868.06 PARKS FUND 6,776.06 LIBRARY FUND 5,729.09 PARKING METERS 796.00 $ 157,1 9.21 The Council adjourned to 8:00 o'clock P.M. on February 12th, 1973• MARION A. G RADY , City C l e r Approved this /� 7Xday of 1973• MAYOR OF THE CITY SAN RAFAEL In Room 201 of the City of San Rafael, Monday, February 12, 1973 at 7:30 o'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: LITIGATTON IN CONNECTION WITH RELOCATION ASSISTANCE - File 2-1-,3 The Council discussed with City Attorney, Fred C. Robbins, Jr., the State regulations concerning re- location assistance to the persons being required to vacate the property on southeast corner of Fifth and "D" Streets which the City is purchasing. Meeting adjourned. MARION A. GRADY, City Clerk u Approved this /,Cday of 1973 . , � ./ji MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, February 12th, 1973 at 8:00 o'clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman LawrenceiE.. Mulryan, Councilman RE: PURCHASE OF PROPERTY SOUTHEAST CORNER - FIFTH AVENUE AND "D" STREETS (JANAKES PROPERTY) - File 2-1-43 City Attorney was instructed to contact the tenants who would be required to vacate the premises at 1313 and 1317 Fifth Avenue and arrive at a settlement for relocation assistance. The matter was continued to February 26th, 1973. RE: LINDENWOOD COURT LANDSLIDE - File 13-9 The Council heard a report from Director of Public Works Norris Rawles stating the soil and debris at the base of landslide on the private property above Lindenwood Court could be removed at a cost of approximately $16,000. He recommended against the City doing the work as it would establish a precedent for going on private property. After discussion, it was moved by Councilman Mulryan, seconded by Councilman Miskimen, that the City Attorney take the necessary actions to initiate abatement proceedings. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REPORT ON CITY INSURANCE PROGRAM - HEALTH - LIFE - MEDICAL COVERAGE - File 7-1 Mr. Jack G. Nixon reported on the comparison of existing health plan benefits and rates with the plan in which the Employees Associations have expressed interest and a comperative report of the group life insurance bids whic were received. Moved by Councilman Jensen, seconded by Councilman Mulryan, to accept the proposal as presented. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: 1971-72 FISCAL YEAR AUDIT - File 8-1 Mr. Ted Martin of Sleezer & Eckhoff presented and commented on the 1971-72 audit. The audit recommends that the City establish a fixed asset accounting and inventory control and the Council agreed to this recommendation. RE: REPORT ON REVENUE AND EXPENDITURES FOR FIRST SIX MONTHS OF 1972-73 AND THE PROPOSED REVENUE SHARING BUDGET - File -5 Finance Director John Averett presented a detailed report explaining the status of revenue and expendi- tures for the first six months of 1972-73. City Manager, William J. Bielser presented the proposed revenue sharing budget totaling $184,479.00. Director of Public Works, Norris Rawles presented a status report on the implementation of the Capital Improvement Program and the Council named priorites for the remaining capital projects. RE: FEES AND CHARGES - File 9-10.2 The City Council set February 26thm 1973 at 8:00 o'clock P.M. as the time and date for a public hearing on proposed fee changes. RE: BAILOT ARGUMENTS FOR PROPOSITIONS - SAN RAFAEL GENERAL MUNICIPAL ELECTION - APRIL 17, 1973 - File o - City Manager, William J. Bielser informed the Council that February 16th was the deadline for submitting arguments in favor of propositions and was directed by the Council to write the arguments and submit them to each Council member individually for approval. Meeting adjourned. MARION A. GRADY, City Clerk Approved this /(-/p day of 1973 L In Room 201 of the City of San Rafael, Monday, February 26th, 1973 at 7:30 o'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: APPOINTMENT TO VACANCY ON FIRE COMMISSION - File 9-2-5 The City Council met in executive session to discuss the appointment of a member to the San Rafael Fire Commission to fill the unexpired term of retiring member, Harry M. Williams. Meeting adjourned. MARION A. GRADY, -City Clerk � Approved thisday of 19/2 Ir MAYOR OF THE CITY OF SAN RAFAEL 11 In the Council Chambers of the City of San Rafael, Monday, February 26th, 1973 at 8:00 o'clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: APPROVAL OF MINUTES Motion was made by Councilman Jensen, seconded by Councilman Mulryan, and carried, the minutes of the Special Meeting, December 4th, Special Meeting December 11th, Special Meeting December 18th, Regular Meeting December 18th, and Special Meeting December 26th, 1972, a true and correct copy having been heretofore submitted to each member, were approved. RE: RESOLUTION OF COMMENDATION - HARRY M. WILLIAMS - File 9-2-5 x 102 RESOLUTION NO. 4389 - RESOLUTION OF COMMENDATION (Harry M. Williams) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Mr. Harry M. Williams was present and Mayor Bettini read the Resolution of Commendation for his twenty- eight years of service on the San Rafael Fire Commission and presented it to him with the best wishes of the City Council. RE: PUBLIC HEARING CONTINUED - APPEAL OF ACTION OF PLANNING COMMISSION IN DENYING TENTATIVE MAP OF PEACOCK GAP UNIT 5 GPU72-6 - File 10-5 Mr. Julius H. Selinger representing American Savings and Loan Association and the Board of Directors of the Peacock Gap Homeowners Association requested further continuance in order to work out details of acquisition of a portion of the property for a park. The matter was continued to May 7th, 1973 at 8:00 o'clock P.M. RE: PUBLCC HEARING - REZONING 53 EAST CRESCENT DRIVE FROM C-2 TO R-1 (Z72-25)- File 10-3 Mayor Bettin i declared the hearing open. Planning Director Herbert G. Hotchner explained that previously a request for rezoning from C-2 to Multiple Residential had been made but at the Planning Commission hearing the neighbors had o bjected and pointed out that it was more compatible with R-1 or R-2 Zoning. The Planning Commission has initiated this change and at the Planning Commission heariing, the motion was carried 6-1 to recommend R-1 zoning to the Council. A representative of Mr. T. V. McGuire and Mr. Hale presented proposed plans for a duplex and spoke in favor of an R-2 zoning. Mr. Terry McGuire stated that he had an option to purchase the property from Mr. Hale based on an R-2 zoning. Mr. George Baker, 73 East Crescent Drive, Mr. Max Wolff of 50 East Crescent Drive, Mr. Ed William of 12 Bayo Vista Way and Mr. Jim Dittmer of 67 East Crescent Drive all stated that East Crescent Drive is basically an R-1 Street and when they purchased their homes in this area they expectdd it would remain R-1. Mayor Bettini declared the hearing closed. Moved by Councilman Mulryan, seconded by Councilman Miskimen, to approve the rezoning to R-1 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 A C-2 (General Commercial) District to A R-1 (Single Family Residential) District, and numbering Charter Ordinance No. 1101 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: None RE: APPEAL OF USE PERMIT (GPC73-1) - MULTIPLE RESIDENTIAL DEVELOPMENT, END OF JACOBY STREET, E.MAGGIORA ETAL, OWNER, GONZALEZ & OBERKAMPER, REPS. - File 10-5 Mayor Bettini declared the hearing open, and noted that a letter withdrawing the appeal had been re- ceived from Quail Hill Inc. th'r•ough its attorney. After discussion, the Mayor rescinded his action on opening the hearing and no further action was taken. RE: PUBLIC HEARING ON PROPOSED CHANGES IN FEES AND CHARGES - File 9-10.2 Mayor Bettini declared the hearing open. City Manager, William J. Bielser discussed the recommended fees for services performed by various de- partments. After discussion of the proposed fees, Councilman Mulryan objected to fees for appealing decisions to the Planning Commission or to the Council. Richard Rodrigues stated that an appeal cost should not be higher than $10.00 and Mr. Richard Fox sug- gested that the cost should be borne by the person who would gain from the action, and Mr. Steve Thomas agreed with the City Manager. Mr. Carl Brown representing the Redwood Empire Builders Association agreed with the staff recommendations. Mr. Larry Biancalana asked for a continuance on items relating to public utilities. Priscilla Bull objected to any fee for an appeal. Moved by Councilman Mulryan, seconded by Councilman Miskimen, to pass the schedule of charges as pre- sented excluding the items relating to utilities and the appeal fees and excluding subdivision fees which must be set by ordinance. RESOLUTION NO. 4402 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING FEES AND CHARGES FOR CITY SERVICES. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL FIRE COMMISSION - File 9-2-5 Moved by Councilman Jensen, seconded by Councilman Miskimen, that Henry HeweIke be appointed to the Fire Commission to fill the unexp:ii,red term of Harry M. Williams. Ayes: Councilmen: denser, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENTS IN PUBLIC RIGHT-OF-WAY - File 2-11 The Council instructed Mr. Steve Thomas, a newspaper dealer to apply for an encroachment permit for the week to permit him to comply with the City's requirements. newspaper racks which he uses, and the matter of removal of the newspaper racks was continued for one RE: CITIZENS ADVISORY COMMITTEE FOR ALLOCATION OF OPEN SPACE BOND MONEY - File 115-1 x 9-2-16 Planning Director Herbert G. Hotchner made a recommendation to the Council that appointment of a Citizens Advisory Committee for the allocation of the open space bond money be made at the end of May so as not to conflict with proper evaluation on a city-wide basis of open space areas as is being done in the General Plan. The Council concurred in this recommendation and also indicated that priority will be given to requests for open space if people in the area are willing to form an assessment district or contribute on a match- ing basis to the acquisition cost. RE: OFFER OF MR. E. S. ARNTZ TO DEDICATE TWO ACRES OF PROPERTY IN BAYSIDE ACRES FOR OPEN SPACE - File. 115-1 City Manager, William J. Bielser reported that the Park and Recreation Commission and staff have recom- mended that the proposal of- Mr. E. S. Arntz to dedicate two acres of property in Bayside Acres be de- clined. The Council accepted the report and requested the City Manager to reply to Mr. Arntz. RE: LANDSCAPING AND IMPROVEMENTS - HETHERTON STREET AND IRWIN STREET ENTRANCE TO THE CITY OF SAN RAFAEL - File -3-52 RESOLUTION NO. 4401 - RESOLUTION AUTHORIZING TSE SIGNING OF A LEASE OR AGREEMENT. (Agreement with State of California, Business and Transportation Agency, Department of Public Works, Division of Highways. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: C6uncilmen: None RE: REPORT ON INVESTMENT COMMITTEE CHANGES - File 9-2-13 The Council concurred in the City Manager's recommendat4:on to appoint the City Attorney to the Investment Committee and adopted the following resolution:_ RESOLUTION NO. 4464 - RESOLUTION DELEGATING AUTHORITY TO INVEST OR REINVEST FUNDS OF CITY TO CITY TREASURER AND CREATING AN INVESTMENT COMMITTEE. THIS RESOLUTION AMENDS RESOLUTION NO. 3856. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRANSFER OF FUNDS-- File 8-5 Moved by Councilman Mulryan, seconded by Councilman Miskimen, and carried, to approve the following trans- fers from the General Fund Reserve: Workmen's Compensation $ 10,500 Elections $ 3,600 Retirement $ 3,500 Annexation & Court Charge Refunds $ 9,229 Disability & General Insurance $ 6,000 Beautificatin of Entrance Way $ 14,978 Petty Cash $ 200 Purchase of Building Dept.Codes for Resale $ 465 $ , 72 In addition, the Council transferred $10,250 from the General Services to the City Hall account. BE: SAN RAFAEL CITY LIBRARY - AGREEMENT TO MAKE REPAIRS TO MEET EARTHQUAKE STANDARDS AND REPORT ON ARCHITECTURAL SERVICES FOR LIBRARY EXPANSION - File RESOLUTION NO. 4427 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Enomoto and Ring, AIA Architect) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4427-A = RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (For Architectural Services) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: PURCHASE OF TAX DEEDED PROPERTY - File 2-6 RESOLUTION NO. 4404 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Board of Supervisors of the County of Marin, and the County of Marin) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: SOUTH SAN PEDRO ROAD PHASE IV CONTRACT CHANGE ORDER NO. 9 - File 4-13-14 Moved by Councilman Miskimen, seconded by Councilman Mulryan, to approve Change Order No. 9 to repair two minor slides on South San Pedro Road in the Bayside Acres area. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: STORM DAMAGE FUNDS (PUBLIC LAW 606 - 91ST CONGRESS) - File 12-16 RESOLUTION NO. 4390 - PUBLIC WORKS DIRECTOR TO FILE FOR FEDERAL FINANCE ASSISTANCE. (Federal Disaster Act (Public Law 606, 91st Congress) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen:None RE: TOPICS PROJECT - File 4-10-50 RESOLUTION NO. 4391 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLAUNG INTENT TO COMMIT CITY MATCHING FUNDS FOR TOPICS PROJECT. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: TRAFFIC COMMITTEE RECOMMENDATIONS - File 11-9 RESOLUTION NO. 4428 - RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. (On Las Ovejas Avenue at Penny Royal Lane - Southbound) Ayes: Councilmen: Jensen, Miskimen,MutL yan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RESOLUTION NO. 4429 - RESOLUTION DESIGNATING AND DESCRIBING NO PARKING AREA. (Professional Center Parkway - No Parking Anytime - South Side OM y From Frontage Road to Channing Way) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RESOLUTION NO. 4430 - RESOLUTION DESIGNATING AND DESCRIBING ONE-WAY STREET. (Marinita Avenue - One Way - Southbound from Jewell Street to Terradillo Ave.) Ayes: Councilmen:Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None 4 RE: APPEARANCES BEFORE AND PRESENTATION TO OTHER GOVERNMENTAL BODIES BY CITY STAFF - File 9-3-11 Council authorized members of the City staff to appear before other governmental bodies on technical mat- ters but to coordinate these appearances with the City Manager. RE: SAN RAFAEL PARKS AND RECREATION PROGRAM - File 12-15 Parks and Recreation Director, Andrew Snyder proposed that the Spring Recreation Program Brochure be pub- lished in the Terra Linda Ness and San Rafael Pointer at an approximate cost of $460.00 for a circulation of approximately 20,000 copies and was authorized by the Council to proceed in this direction. RE: CLAIM FOR PROPERTY DAMAGE - EDWARD C. RITCHIE - File 3-1-3,b Claim of Edward C. Ritchie, 27 Ridge Road, San Anselmo, California was presented. Moved by Councilman Jensen, seconded by Councilman Mulryan, that the claim be denied and referred to the City's insurance carrier. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: CLAIM FOR SEWER STOPPAGE - COL.LACADIA M. CLARKE - File 3-1-31 Claim of Col. Lacadia M. Clarke, 138 Ridgewood Drive, San Rafael, California was presented. Moved by Councilman Jensen, seconded by Councilman Mulryan, to pay the amount of $2,000 to Pacific In- surance Company to reimburse them for payment on the claim of Col. L. Clarke for damages to her home as a result of sewer backup on November 1, 1972. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PROPERTY DAMAGE - EARL E. BOUTILIER - File 3-1-32 Claim of Earl E. BoutiIier, 140 Convent Court, San Rafael, California was presented, and referred to the City Attorney to investigate. RE: CLAIM FOR DAMAGE - BETH J. TAYLOR - File 3-1-33 Claim of Beth J. Taylor, 540 Canal Street, San Rafael, California was presented. Mobed by Councilman Jensen, seconded by Councilman Mulryan, that the claim be denied and referred to the City's insurance carrier. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR DAMAGES - JACK A. BULLER - File 3-1-34 Claim of Jack A. Buller, 30 Broadmoor Drive, San Francisco, California was presented. Moved by Councilman Jensen, seconded by Councilman Mulryan, that the claim be denied and referred to the City's insurance carrier. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAW FOR PROPERTY DAMAGE - LOUISE SWANSON - File 3-1-35 Claim of Louise Swanson, 215 Laurel Place, San Rafael, California was presented. Moved by Councilman Jensen, seconded by Councilman Mulryan, that the claim be denied. Ayes; Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PROPERTY DAMAGE - ROBERT N. WILSON - File 3-1-36 Claim of Robert N. Wilson, 40 Jewell Street, San Rafael, California was presented. Moved by Councilman Jensen, seconded by Councilman Mulryan, that the claim be denied. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Moved by Councilman Jensen, seconded by Councilman Mulryan, to authorize the City Clerk to add one full time Secretary to the staff in the City Clerk's office. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None .3 RE: POLITICAL SIGNS - File 125 City Planner Herbert G. Hotchner reported that a deposit in the amount of $100 each had been received from Thomas R. O'Toole, Jack G. Nixon and Don McEnhill. The Council authorized permits for political sings for these candidates. RE: REDEVELOPMENT - File 140 City Council acting as a Redevelopment Agency heard a report from Executive Director, William J. Bielser on the status of the Agreement wiht the County of Marin and the Marin Community College District. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated February 26, 1973, and Advice on Payroll dated February 20, 1973, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKING FUND LIBRARY FUND EMPLOYEE RETIREMENT PARKING DISTRICT CAPITAL IMPROVEMENT STORES REVOLVING EQUIPMENT & REPLACEMENT REDEVELOPMENT FUND PARKING METER Payrol 1 : Council adjourned. GENERAL FUND PZRKS FUND LIBRARY FUND PARKING METERS $ 29,436.01 5,059.29 3,244.82 36,965.17 344.55 4,615.49 1,379.40 9,752.46 2,485.52 149.62 $ 93,732.33 $ 135,101.59 6,832.00 5,661.21 796.00 $ 1 TF,390. 80 MARION A. GRADY, City clerk Approved this day of /� G 19 73 - 0 MANOR OF THE C TY OF SAN RAFAEL o , 9 6 In Room 201 of the City of San Rafael, Monday, March 5th, 1973 at 7:30 o'clock P.M. Special Meeting: RE: REDEVELOPMENT - File 140 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Lawrence E. MuIryan Absent: John A. Miskimen, Councilman The Council met to consider possible litigation. MARION A. GRADY, City Clerk Approved this/f/ day of 1972 MAYOR OF THE CITOF SAN RAFAEL C-) 9 7 In the Council Chambers of the City of San Rafael, Monday, March 5th, 1973 at 8:00 o'clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Absent: John A. Miskimen, Councilman RE: RESOLUTION OF COMMENDATION - BRIAN BODILY - File 102 RESOLUTION NO. 4400 - RESOLUTION OF COMMENDATION FOR BRIAN BODILY. Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen Officer Bodily was present and Mayor Bettini read the commendation and presented it to him. RE: ESTIMATE OF POPULATION BY STATE DEPARTMENT OF FINANCE - File 9-14 RESOLUTION NO. 4433 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (State Department of Finance - Special Population Estimate) Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS - FREITAS PARK TENNIS COURTS - File 4-1-198 RESOLUTION NO. 4432 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR CONSTRUCTION OF TENNIS COURTS - FRETTAS PARK PROJECT (VALLECITO SCHOOL SITE), PROJECT NO. 9111-73.150. Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: JOINT POWERS AGREEMENT - DIXIE SCHOOL DISTRICT (FREITAS PARK TENNIS COURTS) - File 4-7-3 RESOLUTION NO. 4434 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Dixie School District - Joint Powers Agreement) Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmem:Miskimen RE: COMMUNICATION FROM TERRA LINDA HOMEOWNERS ASSOCIATION REGARDING PROCEDURAL CHANGES - File 10-2 Letter from Donn E. Nissen, President of the Terra Linda Homeowners' Associatmon concerning procedures for issuance of permits in developments within the City limits was referred to the City staff. RE: ENCROACHMENT PERMIT FOR NEWSPAPER RACKS - File 2-11 Moved by Councilman Mulryan, seconded by Councilman Jensen, Encroachment Permit No. 248, 249, 250 and 251 be granted for the placement on City property of newspaper racks by the San Francisco Newspaper Printing Company, Independent Journal, Pacific Sun and Christian Science Monitor. Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: M%i?ski men RE: ORDINANCE TO IMPLEMENT SUBDIVISION AND OTHER FEE CHARGES - File 9-10.2 An ordinance of the City of San Rafael amending Title 15, Sections 15.12.010; Section 15.16.010; and Section 15.20.010 of the Municipal Code to provide that the fees provided for in these sections shall be set by Resolution and not by Ordinance, and numbering Charter Ordinance No. 1092 was read, introduced and ordered passed to print by the following vote, towit: Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: RESOLUTION REGARDING FEES TO PUBLIC AND PRIVATE UTILITIES FOR INSPECTION SERVICES - File 9-10.2 RESOLUTION NO. 4406 - RESOLUTION OF THE CITY COUNCIL OF- THE CITY OF SAN RAFAEL SETTING FEES AND CHARGES FOR CITY SERVICES Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: SENIOR CITIZEN OF THE YEAR - File 123 The request of the Marin Senior Coordinating Council, Inc. for the City's nomination for senior citizen of the year was continued. RE: BLACKSTONE CANYON HORSEMEN'S ASSOCIATION - File 13-3 At the request of the Blackstone Canyon Horsemne's Association for a time extension on their use of the property being purchased as open space by the Mont Marin Homeowners Association, the Council granted a 30 day extension and required that a $100,000 certificate of insurance be obtained from all horse owners with horses on the Mont Marin property. RE: CITIZENS ADVISORY COMMITTEE ON SAN RAFAEL GENERAL PLAN - File 9=2-15 x 115-1 At the suggestion of City Planner, Herbert Hotchner, the City Council requested organizations within the areas adjacent to San Rafael to submit applications for membership on the Advisory Committee for the General Plan within two weeks. The Council accepted a letter from Warren E. Nute stating that he was not able to participate as a member of the Advisory Committee and requesting on behalf of the Civil Engineers and Land Surveyors that Mr. Dominic Selmi be appointed as his replacement. The Council appointed Mr. Dominic Selmi to the Citizens Advisory Committee on the General Plan. RE: COUNTYWIDE GENERAL PLAN - File 10-2 x 4-13-24 Resolution No. 73-1 of the San Rafael Planning Commission regarding the Countywide General Plan wherein the Planning Commission of the City of San Rafael unanimously recommends to the City Council of the City of San Rafael, to the City -County Planning Council, to the Marin County Planning Commission, to the Marin County Board of Supervisors, and to the citizenry at large that within the adopted and approved Sphere of Influence of the City of San Rafael, the San Rafael General Plan now in preparation should be the standard and guideline for all planning purposes and that the Countywide General Plan now in prepara- tion should pertain only to areas outside of the City of San Rafael 's Sphere of Influence was discussed at length by the Council RESOLUTION NO. 4399 - RESOLUTION - CITY OF SAN RAFAEL GENERAL PLAN SHALL BE GUIDELINE WITHIN ITS DEFINED SPHERE OF INFLUENCE FOR ALL PLANNING PURPOSES. Ayes: Councilmen: Jensen, Mulryan- and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen %Councilman Mulryan stated that while he agreed in principal with the resolution, he disagreed with the language and would prefer to see it read, "insofar as specific details are concerned, the Countywide General Plan now in preparation should pertain only to areas outside of the City of San Rafael's Sphere of Influence." RE: JOINT POWERS AGREEMENT - CITY/COUNTY PLANNING COUNCIL - File 4-13-24 RESOLUTION NO. 4435 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (City/County Planning Council of Marin) Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: REPORT ON 1911-1915 ACT BOND ISSUE FOR ASSESSMENT DISTRICT - File 6 A report from Mr. Edwin N. Ness of Sturgis, Den -bulk, Douglass and Anderson to Mr. William J. Bielser, City Manager regarding Special Assessment District Funding and the use of 1911 vs. 1915 Act Bonds was discussed at length with the Council. Dennis Ciocca and Mr. Bielser also spoke on the matter, and the Council will take all of these facts into consideration when considering fture assessment districts. RE: AGREEMENT FOR VIADUCT KIOSK - File 4-10-61 RESOLUTION NO. 4436 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (William 0. Berry - 4th St. between Netherton and Irwin Sts. "kiosk") Ayes: Councilmen: Jensen, Mulryah and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: DISCUSSION OF CENTENNIAL CELEBRATION PLANS - 1974 - File 104 City Manager, William J. Bielser discussed a suggestion of H. R. (Rusty) Ghilotti that the Council con- sider Centennial Celebration Plans for 1974. City Manager also pointed out that with our Charter limit- ing us to $1000 for promotional expenditures, it would be difficult for us to provide financial assistance for any celebration. The Council continued action in this matter to a later date. RE: CLAIM FOR PROPERTY DAMAGE - EARL E. BOUTILIER - File 3-1-32 Moved by Councilman Mulryan, seconded by Councilman Jensen, to deny the claim. Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen '�U14 RE: JANAKES PROPERTY RELOCATION ASSISTANCE FOR TENANTS - File 2-1-4 City Attorney, Fred Robbins, Jr. reported that Mrs. Floyd is moving on the 15th of March and has agreed to accept $1000 from the City, $500 for moving expenses and $500 for relocation assistance. The George V. Kearnes family will remain in their house for two years at $50.00 per month and at the end of that time will move out without any further demand other than $500 moving expenses. Moved by Councilman Mulryan, seconded by Councilman Jensen, to approve this settlement. Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: INSURANCE - File 9-6 City Manager, William J. Bielser was directed to answer the letter of Mr. Ord concerning the City's in- surance coverage. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated March 5th, 1973, and Advice on Payroll dated March 5th, 1973, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 36,359.01 PARKS FUND 1,101.39 LIBRARY FUND 5,375.18 EMPLOYEE RETIREMENT FUND 27,594.56 PARKING DISTRICT 404.62 CAPITAL IMPROVEMENT 3,388.52 STORES REVOLVING 891.75 EQUIPMENT REPLACEMENT 1,044.79 PARKING METER 2.10 EAST SAN RAFAEL DRAINAGE ASSESS- MENT DISTRICT 20,300.21 $ 96,462.13 Payroll: GENERAL FUND $ 141,269.15 PARKS FUND 6,832.00 LIBRARY FUND 5,461.34 PARKING METERS 796.00 154,358.49 Council adjourned to Monday, March 19th, 1973 at 8:00 o'clock P.M. G� MARION A. GRADY, City Clerl? Approved this ��ff day of l 1973 MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City of San Rafael, Monday, March 12th, 1973 at 7:30 o'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: REDEVELOPMENT - File 140 The City Council met in executive session to discuss the Agreement with the County of Marin prepared by Mr. Goldfarb. _ Gt y . MARION A. GRADY, City Cler77 Approved th i s --�/5/ day of /i% 19-73 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, March 12, 1973, at 8:00 o'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred A. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: PUBLIC HEARING - LINDENWOOD COURT LANDSLIDE - Glenwood - File 126 x 13-9 Mayor Bettini opened the public hearing, scheduled for the purpose of hearing testimony regarding the Lindenwood Court Landslide, and to determine whether or not it constitures a public nuisance. He ex- plained that witnesses would be sworn by the City Clerk and testimony recorded by a court reporter. City Attorney Fred Robbins, Jr. filed notices of Order to Show Cause Re: Abatement of Public Nuisance served on the property owner and posted on the property in accordance with Sections 1.16.030 and 1.08.030 of the Municipal Code, as well as the Declaration of Posting and Affidavit of Mailing. Director of Public Works, Norris M. Rawles, after being sworn by the City Clerk, reported on the action of the City staff during the course of the mud flow, including their advice to property owners that they leave their homes and the hiring of a Registered Civil Engineer, Mr. Lyle Lewis of the firm of Harding, Lawson and Associates, whose report has been made available to the Council. He said since the staff was aware that it was private property, their interest was in the safety of the people. Mr. Lyle Edw. Lewis, 18 Madelin Ct., Novato, the soils engineer retained by the City staff, was sworn by the City Clerk and gave a comprehensive report of his January 18, A.M. inspection of the area where the landslide occurred about 50 to 60 feet below a fire road, pushing mud and debris and depositing most of it on Lindenwood Court. Mr. Peter Hunt, Attorney representing N. Y. Cal Industrial Corp., and Mr. Richard R. Kuhn, Attorney re- presenting property owners Mr. and Mrs. Kern of 10 Lindenwood Court, were sworn and authorized to cross examine Mr. Lewis. In answer to cross examination by City Attorney Robbins, Mr. Hunt and Mr. Kuhn, and the City Council, Mr. Lewis advised that in his professional opinion the loose topsoil, fill, and the removal of trees when the power line was put through contributed to the slide and in order to assure no repetition of the damage which occurred, the loose topsoil and fill would have to be either compacted or removed. He also believed the one residence at 10 Lindenwood Court to be in singular danger, as well as possibly other real property and cars parked on the street, should another slide occur; and agreed with the Council's concern as to the danger of dislodging material in sending heavy equipment up to compact or remove the loose soil. Mr. Terrence McGuire, 140 Rollingwood Drive, after being sworn, described the events on the morning of January 16, 1973 when the major slide occurred. He presented two topographical maps of the area and pictures taken during the morning for the record. Exhibits "1" and "'A" are topographical maps, Exhibit "2" is a photograph showing a boulder about six feet in diameter, Exhibit "3" showing how they diverted the mud and water away from the Kern residence, and Exhibit 114" showing the water and debris coming from the ravine. Mr. McGuire contended that the owners of the property above should make a definite commit- ment in writing to alleviate the situation that is a very real prob"lem to the residents. Mr. Russell Kern, Jr., 10 Lindenwood Court, came forward, was sworn by the City Clerk, and referred to his letter of March 1, 1973 to the City Council with his suggestions as to what should be done. Mayor Bettini read the letter for the record. Mr. Kern contended that the drain put in by the developer in 1963 is more than adequate for the water coming down the hill and the damage occurred when it was plugged by the mud and debris. Mr. John Thomas Boswell, 11 Lindenwood Court, was sworn, and added to testimony given by Mr. McGuire and Mr. Kern. He said that, while they were working to divert the water and debris, about 8 to 10 inches of water was coming through at an approximate rate of 400 to 600 gallons a minute. He felt there is danger of undermining his property in the event of a future slide and, if the Kern's hous should receive sub- stantial damage, the full force could be diverted to his house. Mrs. Janet Kern was sworn by the City Clerk and pointed out a danger to persons, evidenced by a school bus that picked up children in the area immediately prior to the slide and persons leaving for work. Mr. Peter Hunt, speaking for his client, N. Y. Cal Industrial Corp., expressed sympathy for the resi- dents; however, he did not admit legal responsibility, contending there is no nuisance they maintain and that it is not within the definition of "public nuisance. Mr. Richard Kuhn, speaking for his client, contended that whether or not N. Y. Cal is responsible for the problem, the problem is there and there is a potential for great harm both to people and to property. He though it constitut-es a "public" nuisance as various families and homes are involved. Since there was no one else wishing to speak, Mayor Bettini declared the public hearing closed. There was Council discussion as to responsibility for the landslide and the course of action to take. The matter was continued to the meeting of March 19, 1973, and the attorneys for both parties could sub- mit legal briefs to the Council by Friday, March 16, 1973• RE: ACQUISITION OF MONT MARIN PROPERTY - File 2-1 x 13-14.1 Motion by Councilman Miskimen, seconded by Mayor Bettin', and carried unanimously, authorizing the pur- chase of property owned by Meislin & Glickman and Marin Housing Guild, and advancing funds until assess- ment funds are received with Mont Marin to pay the interest of 5-3/4% on $163,000 for one month, and that the Mayor and City Clerk be authorized to sign any and all papers necessary for the completion and ac- quisition of this purchase. -2 RESOLUTION NO. 4437 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXPENDITURE OF $321,085.50 FOR THE PURCHASE OF CERTAIN OPEN SPACE LANDS. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None The Council adjourned to 8:00 p.m., March 19, 1973. MARION A. GRADY, City Clerk Approved this day of /%SGL 19 73 1 �lG dlr� MAYOR OF THE CITY' OF SAN RAFAEL In Room 201 of the City of San Rafael, Monday, March 19th, 1973 at 7:30 o'clock P.M. Special Meeting: RE: EMPLOYEE NEGOTIATIONS - File 7-4 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman City Council met to discuss with City Manager, William J. Bielser the status of employee negotiations. MARION A. GRADY, City Clerk, Approved this /Sf day of MA,,4 19%J l2 MAYOR OF THE CITY OF SAN RAFAEL -± U 0 In the Council Chambers of the City of San Rafael, Monday, March 19, 1973, at 8:00 o'clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: RESOLUTION WELCOMING HOME CAPTAIN WILLIAM W. BUTLER, A RETURNING PRISONER OF WAR - File 102 RESOLUTION NO. 4438 - RESOLUTION LO THE COUNCIL OF THE CITY OF SAN RAFAEL WELCOMING HOME CAPTAIN AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None lly Mayor Bettini read the above resoluWeicoming him homeaafterin tinrexcess xofpfive ayears eastarPorisonervofeWar � and sacrifice for his Country, and 9 in North Viet Nam. He said that Captain Butler was unable to attend tonight, but will be invited to a future meeting. RE: PRESENTATION OF CHARTER FOR EXPLORER POST 321 BEING SPONSORED BY THE FIRE DEPARTMENT - File 13-5 x Mr. Robert L. Fisher, Explorer Executive, congratulated sChief rterMarcucci forExplorer and Department Scoutsandfor spon- soring an Explorer Division of the Boy , presented theCha RE: APPROVAL OF MINUTES us the Motion by Councilman Jensen, seconded by C2unhemSnecialMi lMeetmen ing ofnd rJanri uaryal5moand ythe oRegulareMeeting minutes of the Regular Meeting of January P of January 15, 1973, a true and correct copy having been heretofore submitted to each member. 0HPl ir PPARING - LINDENWOOD COURT LANDSLIDE, GLENWOOD - File 126 x 13 - This public hearing was opened March 12, and continued to this meeting. After a lenghty discussion concerning the cs�men Mulryan,lem and secondedobjective CouncilmaneM�skgmen,the thatetheuof the problem, a motion was made by Cou Coun- cil declare it a public nuisance. Y OF FAEL RESOLUTION N0. 4439 - RET MUDON OF THE LANDSLIDECONYLANDSCIL OF THE OF N. Y. CALTINDUSTRIIALACORP.DAREAAING THAT NUISANCE. AYES: Councilmen: Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: Jensen ABSENT: Councilmen: None RE: PUBLIC HEARINGS - APPEAL OF PLANNING COMMISSION ACTION ON TWO 2 -LOT SUBDIVISIONS 73-5, LOCKWOOD DRIVE - File 10-5 the meeting of April 16, 1973, at the re - GPC 73-4 AND GPC Public hearings on the above two items were continued until quest of the applicant. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION APPROVAL OF APARTMENTS AT 310-340 CANAL STREET 72-113, ED 72-19 - File 10-5 UP n of Mayor Bettini opened the publlic hearing.Public c ltraffiDmpactobyNthis,development byatheaTrafficeTraffic Advisory Committee, requested review Com- mittee. Mr. Al Bianchi, Attorney representing property owners, contended that the Council has neither the bur- den nor the prerogative to overturn the Planning Commission action, since the development more than meets the requirements of the ordinance. rn about traffic on Canal Street, and requested Mr. Ben Brinkworth, Appellant, expressed extreme conce that Council refer this item to the Traffic Advisory Committee for study before reaching a final decision on the appeal. e. Mr. Dick Fox, 127 Humboldt Street, questdevelopment e°elo mentthis contains two parcelsem was not sunderdseparatethe ownersDhipl,nneither City Planner Hotchner advised that the P of which contains two acres. Mayor Bettini declared the public hearing closed. After Council discussion as to ordinance requirements, by Mayor Bettini, that the appeal be denied. AYES: Councilmen: Jensen, and Mayor Bettini NOES: Councilmen: Miskimen and Mulryan ABSENT: Councilmen: None a motion was made by Councilman Jensen, seconded Mayor Bettini announced that motion failed due to a tie vote, and the Planning Commission action stands on this project. RE: CAMPAIGN -SIGNS ON TAXICABS - File 9-9 x 125 Mr. Donn Nissen, 607 Tamarack Drive, raised the question of whether or not campaign signs on San Rafael taxicabs were in violation of the City ordinance disallowingsuch signs on City vehicles and was advised that, although the taxicab company operates under a City franchise, it is a private company and the City has no authority to regulate placement of signs on the vehicles. RE: CATV FRANCHISE AGREEMENT - File 9-7 On the recommendation of City Manager, William J. Bielser, it was moved by Councilman Mulryan, and se- conded by Councilman Miskimen that Tele-Vue Systems, Inc. be allowed to serve the former Terra Linda Com- munity Services District under its franchise with the City of San Rafael, thereby providing theCity the five percent franchise fee. t RESOLUTION NO. 4414 - RESOLUTION OF THE CITY OF SAN RAFAEL AFFIRMING CATV FRANCHISE RIGHTS IN THE CITY OF SAN RAFAEL AND MORE PARTICULARLY IN THE AREA FORMERLY KNOWN AS THE TERRA LINDA COMMUNITY SERVICES DISTRICT. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: LETTER FROM MR. WILLIAM MOON REQUESTING EXEMPTION FROM BEDROOM TAX - File 9-10.2 City Planner Herbert G. Hotchner presented the staff report recommending denial of the request for exemp- tion xemp-tion from the "Bedroom Tax" on a 28 unit townhouse development at Myrtle and Glen Park Avenues. Motion by Councilman Miskimen, seconded by Councilman Mulryan and unanimously recommendation and deny the request. mously carried, to accept the staff RE: LETTER FROM TERRA LINDA HOMEOWNERS ASSOCIATION REGARDING DEVELOPMENT PROCEDURES - File 10-1 City Planner Herbert G. Hotchner, advised that a meeting is scheduled between Mr. Nissen, President of the Terra Linda Homeowners Association, and himself for the following day to discuss this item. Mr. Nissen, therefore, had nothing to report at this meeting. RE: APPLICATIONS FOR NON-RESIDENT REPRESENTATION ON GENERAL PLAN anvicnov - - rile J -Z.15 x 115-1 City Planner Herbert G. Hotchner reported on applications received from the following four persons, mending that they be appointed; and the cutoff date for receiving applications be extended o March 29, 1973, since all nonresident areas are not represented. r William B. Reiner from Lucas Valley Charles H. Roach from Marinwood William R. Shoemaker from Portola Gardens George L. Lagier from Northbridge Motion by Councilman Mulryan, seconded by Councilman Miskimen and unanimously carried, to appoint four persons listed to the San Rafael General Plan Advisory Committee, and extend the cutoff date to March 29, 1973. RE: APPROVAL Inc SUBDIVISION FINAL MAP - "RAFAEL TERRACE UNIT II" - File 5-1-216 Motion by Councilman Jensen, seconded by Councilman Mulryan, to accept the recommendation of the Publi Works Di rector. c RESOLUTION NO. 4440 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "RAFAEL TERRACE UNIT II." AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: APPROVAL OF CONDOMINIUM FINAL MAP - "THE OAKS" - File 5-1-215 Motion by Councilman Miskimen, second by Councilman Jensen, to accept the recommendation of the Public Works Director. RESOLUTION NO. 4441 - RESOLUTION APPROVING FINAL AMP OF SUBDIVISION ENTITLED, "THE OAKS." AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: EXTENSION OF TIME TO SUBDIVISION AGREEMENT - ''BAHIA DE RAFAEL UNIT III - File 5-1-204 Motion by Councilman Jensen, second by Councilman Miskimen, to allow the extension, as recommended by Director of Public Works Rawles, due to inclement weather. RESOLUTION NO. 4442 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK (Bahia de Rafael Unit 1). AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: EXTENSION OF TIME TO PROJECT AGREEMENT CONTROL PROJECT - CLEANING" -777-1-7-7- —,- Motion F11a -i- Motion by Councilman Jensen, Public Works Director. - PROJECT NO. 9513(72.160) "SANITARY SEWER SYSTEM - INFILRATION 193 second by Councilman Miskimen, to allow the extension, as recommended by the 4 RESOLUTION NO. 4443 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (Project No. 9513(72.160) "Sanitary Sewer System - Infiltration Control Project - Cleaning." AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: ENCROACHMENT PERMIT NO. 247 - File 2-11 Director of Public Works Norris M. Rawles, in addition to the permit to place six planter boxes on the sidewalk in front of 901 "B" Street, recommended referral to the Planning Commission and the development of a standard design of planter boxes, news racks, utility enclosure boxes, etc. to be placed on City right-of-way. After discussion, motion was made by Councilman Jensen, seconded by Councilman Miskimen and unanimously carried, to approve Encroachment Permit No. 247 with the understanding that it is subject to review by the Planning Commission and Planning Director. RE: ENCROACHMENT PERMIT NO. 253 - File 2-11 Motion by Councilman Jensen, seconded by Councilman Mulryan and unanimously carried, to approve Encroach- ment Permit No. 253 to place nine planter boxes on the sidewalk at the norht side of Fourth Street from "F" Street 300'+ easterly, with the understanding that it is subject to review by the Planning Commission and Planning Director. RE: LETTER FROM ANNE M. EADS REGARDING BOARDING OF HORSES ON MONT MARIN PROPERTY - File 13-14.1 x 13-3 Mr. Bruce Leeb, 1873 Las Gallinas, President of Mont Marin Homeowners Association, asked that this letter be included with material from the Blackstone Canyon Horseman's Associat-on which he understood would be presented to the Council with their request, so the Mont Marin Homeowners Association board could review the requests at one time. There was further discussion regarding (1) the Council's final 30 -day extension to May 1 for removal of all horses from Mont Marin, (2) the City Manager's advice to the Blackstone Canyon Horseman's Association against their applying to the City Council for additional extensions, eitber one-year or permanent, and (3) letter sent by the City Planner advising horse owners that, unless a certificate of insurance is received before March 31, their horses must be removed by that date. The Council reaffirmed their ruling that all horses must be removed by May 1, 1073. RE: AUTHORITY TO DESTROY CLAIMS AND SUPPORTING DOCUMENTATION, CANCELLED CHECKS, MONTHLY BANK STATEMENTS AND OTHER FINANCIAL PAPERS AND OBSOLETE DOCUMENTS IN OTHER CITY DEPARTMENTS OF OVER FIVE YEARS OLD File 9-13 Finance Director John B. Averett asked authority to destroy records over five years old that are not needed and can legally be destroyed upon receiving approval of the Council. Motion by Councilman Miskimen, second by Councilman Mulryan, to grant the Finance Director's request. RESOLUTION NO. 4424 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING DESTRUCTION OF RECORDS OVER FIVE YEARS OLD. AYES: Councilmen: Jensen, Miskimen, Mulryan,and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: REPORT ON CORPORATION YARD IMPROVEMENTS - File 12-4 Director of Public Works Norris M. Rawles reported the results of his investigation regarding proposed construction of a paint booth utilizing revenue sharing funds. Motion by Councilman Jensen, second by Councilman, to auti"orize advertising for bids for purchase of a paint booth and pertinent equipment. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None Absent: Councilmen: None RE: REPORT ON MEETINGS WITH OTHER JURISDICTIONS - File 9-3-17 City Planner Herbert G. Hotchner reported on his attendance at recent meetings: (1) of the ABAG Executive Committee, relative to the application for Las Gallinas Sanitary District Facility, and (2) with the City and County plannings staffs to go over the General Plan, corrdination of applications, etc. The City staff was authorized to oppose a propsoed zoning action (San Pedro Reserve) that might involve 1100 units, on the basis of substandard conditions such as density, traffic and inaccessibility to fire services, and to use the same kind of approach on similar applications. RE: CLAIM FOR REIMBURSEMENT OF REPAIRS TO 1969 CHEVY-NOVA - HELEN BUCKLEY - File 3-1-37 Motion by Councilman Jensen, seconded by Councilman Miskimen and carried unanimously, that claim be denied and referred to the City's insurance carrier. RE: CLAIM FOR PROPERTY DAMAGE - MARIA A. MC KOWSKI - File 3-1-38 Motion by Councilman Jensen, seconded by Councilman Mulryan and carried unanimously, that the claim for tire damge be denied. RE: PERSONNEL - REQUEST FOR LEAVE OF ABSENCE - OTHO THOMAS - File 7-5 Motion by Councilman Jensen, seconded by Councilman Miskimen, and carried unanimously, to grant the re- quest for leave of absence without pay for 90 days, due to ill health. RE: PERSONNEL - PROPOSED RECLASSIFICATION OF ELECTRICIAN'S HELPER - File 7-5 Motion by Councilman Jensen, seconded by Councilman Mulryan and carried unanimously, to accept the City Manager's recommendation to reclassify the vacant Electrician's Helper position to Electrician II. RE: STATUS REPORT ON EMERGENCY EMPLOYMENT ACT - File 7-4 City Manager, William J. Bielser presented a report on th E.E.A. program, stating that five positions presently funded will have to be deleted or replaced as of June 30, 1973. This will be considered at budget time. RE: CERTIFICATION OF ELIGIBILITY LIST FOR FIRE CAPTAIN AND FIRE ENGINEER - File 7-4 Motion by Councilman Jensen, seconded by Councilman Mulryan and carried unanimously, to approve the re- commendation of the Fire Chief and Fire Commission. RE: PERSONNEL - AUTHORIZATION FOR PROMOTIONS - File 7-5 Motion by Councilman Jensen, seconded by Councilman Miskimen and carried unanimously, to authorize the following promotions: (a) Michael Tompkins to Fire Captain at the monthly salary of $1199 commencing March 16, 1973. (b) Howard Gold to Fire Engineer at the monthly slary of $1091 commencing March 16, 1973. (c) James Coffey to Fire Engineer at the monthly salary of $1091 commencing March 16, 1973. RE: PERSONNEL - AUTHORIZATION TO EMPLOY FIVE STUDENT FIRE DISPATCHERS - File 7-5 x 9-3-31 Motion by Councilman Jensen, seconded by Councilman Miskimen and carried unanimously, to authorize appoint- ment of the five Student Fire Dispatchers at $200 per month commencing March 16, 1973: (a) Edward Mestre (b) Brian Waterbury (c) Gary Vedder (d) Henry Angel i (e) Keith Buchignani It was noted that, although the five appointments were Terra Linda CSD volunteers, future opehings will be open to all of the City. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated March 19, 1973, and Advice on Payroll dated Ma -ch 19th, 1973, and now on file in Finance office to which reference is hereby made for further particulars: CLAIMS: GENERAL FUND PARKS FUND LIBRARY FUND OPEN SPACE FUND PARKING DISTRICT CAPITAL IMPROVEMENT STORES.REVOLVING EQUIPMENT REPLACEMENT REVOLVING REDEVELOPMENT AGENCY TRUST AND AGENCY PAYROLL: GENERAL FUND PARKS FUND LIBRARY FUND PARKING DISTRICT FUND PARKING METER FUND $ 26,684.99 1,738.53 2,362.50 1 , 598.72 140.00 781.31 99.53 5,514.00 1,987.50 575.00 $ 41,4d2.08 $ 135,755.45 6,494.44 5,763.71 636.80 159.20 $ 148,809.60 RE: ADOPTION OF URGENCY ORDINANCE NO. 1093 - ORDINANCE AMENDING TITLE 14.62 BY ADDING CERTAIN PROVISIONS REGARDING JOINT OWNERSHIP - File 10-3 CHARTER ORDINANCE NO. 1093 - An urgency ordinance of the City of San Rafael amending Title 14.62, Section 14.62.03, by adding thereto certain provisions regarding joint ownership, and numbering Charter Ordinance No. 1093 was passed and adopted as an ordinance of the City of San Raf-el by the following vote, towit: AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: ADOPTION OF URGENCY ORDINANCE - File 10-3 City Attorney Fred Robbins, Jr. was authorized to prepare a proposed ordinance deleting Sections 14.65 and 14.75.060 and other amendments, to be presented to the Council at the next meeting for adoption on an urgency basis. RE: AUTHORITY TO ADVERTISE FOR BIDS - TRAFFIC SIGNALS - File 4-1-199 Public Works Director Norris Rawles was authorized to call for bids, opening at 10:00 o'clock A.M. on April 16, 1973, for traffic signals at Fourth and Grand and Fourth and "D" Streets, and improvements on the signal system at Civic Center Drive. RESOLUTION NO. 4405 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR TRAFFIC SIGNAL SYSTEM INSTALLATIONS AND IMPROVEMENTS PROJECT 9412 AND 13-73.318• AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: RESOLUTION ACCEPTING DEED ON ''MONT MARIN" PROPERTY - File 2-1 x 13-14.1 RESOLUTION NO. 4403 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING REAL PROPERTY (commonly known as the Meislin and Glickman property). AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None The Council adjourned to 9:30 o'clock A.M., Saturday, March 24, 1973, to an executive session. The Council reconvened as the SAN RAFAEL REDEVELOPMENT AGENCY. RE: COMMUNICATION FROM MARIN COMMUNITY COLLEGE DISTRICT - File 140 In accordance with a request for a joint meeting of the Marin Community College Board of Trustees with the San Rafael City Council, a meeting date was set for 7:30 o'clock P.M. on April 2, 1973 at the Council Chambers. RE: REQUEST FOR APPROVAL FOR ADDITIONAL REMUNERATION FOR LEGAL SERVICES - File 140 Motion by Member Jensen, seconded by Member Miskimen, to allocate an additional $5,000 for legal services for negotiations with the County of Marin. AYES: Councilmen: Jensen, Miskimen, Mulryan and Bettini NOES: Councilmen: None ABSENT: Councilmen: None MARION A. GRADY, City Clerk Approved this o?/J-/ day of, t97. MAYOR OF THE CITY -6F SAN RAFAEL In the Council Chambers of the City of San Rafal, Saturday, March 24, 1973 at 9:30 A.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: APPOINTMENT OF ASSISTANT TO CITY MANAGER - File 9-3-11 City Council met in executive session to interview four applicants for the position of Assistant to the City Manager. Z - MARION A. GRADY, City Cle m Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Monday, April 2nd, 1973 at 7:30 P. M. Special Meeting: RE: REDEVELOPMENT - File 140 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman The Council met to discuss pending litigation in connection with a suit on behalf of the Marin Com- munity College District. MARION A. GRADY, City Cle k Approved th i s �jZday of 1973 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, April 2nd, 1973 at 8:00 o'clock P.M. Special Meeting: RE: REDEVELOPMENT - File 140 - Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman The City Council met in joint session with the Marin Commun ity College District Board to discuss agreements for a return of tax loss to the District from a diversion of funds to redevelopment use. The District Board requested the City's offer be made in writing and they will consider the matter on Wednesday, April 4th. MARION A. GRADY, City Clerk Approved this t),/5/day of RC _ 19 ;13 MAYOR OF THErCITY'OF SANRAFAEL U In the Council Chambers of the City of San Rafael, Monday, April 2, 1973 at 8:00 o'clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman * APPROVAL OF MINUTES - See Page 413 Lawrence E. Mulryan, Councilman RE: COMMENDATION -LISA JO MORRISON - File 102 RESOLUTION NO. 4444 - RESOLUTION OF COMMENDATION FOR LISA JO MORRISON Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Lisa Jo Morrison was presented with a copy of the resolution of commendation adopted in recognition of her selection as Governor of the Model Legislature during the YMCA 25th Annual Youth in Government Con- ference in Sacramento, February 1st through 4th, 1973• RE: CONSTRUCTION OF TENNIS COURTS - FREITAS PARK PROJECT - File 4-1-198 The following bids were received, opened and read by the City Clerk at 10:00 a. m. this date: W. K. McLellan Company $ 29,577.00 Bresnan-Dalacio, Inc. $ 31,594.00 James T. Thornton $ 31,530.00 J. H. Fitzmaurice, Inc. $ 36,316.00 0. C. Jones & Sons $ 28,850.00 Director of Public Works, Norris M. Rawles recommended that Alternate ''A'' be awarded to the low bidder, W. K. McLellan Company. RESOLUTION NO. 4445 - RESOLUTION OF AWARD OF CONTRACT. (Construction of Tennis Courts - Freitas Park Project - Vallecito School Site) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPEAL OF PLANNING COMMISSION DENIAL FOR A NEW AND USED CAR SALES AND SERVICE FACILITY (PACIFIC CASCADE LAND COMPANY, AND CLARENCE A. DELONG, OWNERS) GPC73- - File 10-5 Mayor Bettini declared the public hearing open. Mr. Colin Claxon, attorney representing Mr. Clarence A. Delong, stated that he needed additional time to present Mr. DeLong's appeal. The Council continued the hearing to May 7, 1973• Mr. Richard Fox, 127 Humboldt Street cited Section 14.84.040 regarding appeals to the City Council which provides that the Council ''shall render its decision within sixty days after the filing of the appeal''. City Attorney, Fred Robbins, Jr. was asked to study this section and report back later in the meeting. RE: FINAL ADOPTION ORDINANCE NO. 1092 - ORDINANCE TO IMPLEMENT SUBDIVISION AND OTHER FEE CHARGES - Fi-7-1-e 9-10. 2 CHARTER ORDINANCE NO. 1092 - An ordinance of the City of San Rafael amend -ng Title 15, Sections 15.12.010; Section 15.16.010; and Section 15.20.010 of the Municipal Code to provide that the fees provided for in these sections shall be set by Resolution and not by Ordinance, and numbering Charter Ordinance No. 1092 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: None RE: BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT - File 6-24 RESOLUTION NO. 4415 - RESOLUTION OF AWARD OF CONTRACT, BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4416 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND SILVA'S PIPELINE, INC., FOR WORK TO BE DONE AND APPROVING BONDS IN BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, MuIryan and Mayor Bettin1 Noes: Councilmen: None Absent: Councilmen: None Faithful performance bond and labor and material bond of March 19, 1973 were filed. Insurance Certificates and Insurance Policy Endorsements, as required, were presented. RE: MOORING ROAD ASSESSMENT DISTRICT - File 6-2,3 Mr. Edwin N. Ness, Bond Counsel presented the proceedings to finance the construction of a sanitary sewer system for the Mooring Road area. The property owners are requesting the use of 1915 Act bonds, however, upon recommendation of the staff, it was agreed that 1911 Act bonds would be used. The Council then took the following action. Petition, Boundary Map and Certificate of Engineer were filed with the proceedings. RESOLUTION NO. 4417 - RESOLUTION APPROVING BOUNDARY MAP. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4418 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCCEEDINGS FOR THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS IN MOORING ROAD SEWER ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4419 - RESOLUTION APPOINTING PROJECT ENGINEER AND AUTHORIZING EXECUTION OF AGREEMENT. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4420 - RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4421 - RESOLUTION SETTING TIME AND PLACE FOR HEARING FOR DETERMINING PUBLIC CON- VENIENCE AND NECESSITY IN MOORING ROAD SEWER ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LUCAS VALLEY OPEN SPACE ASSESSMENT DISTRICT - File 6-25 The Council took the following actions in the Lucas Valley Open Space Assessment District. Ordered filed the list of paid and unpaid assessments. RESOLUTION NO. 4422 - RESOLUTION CONFIRMING PAID AND UNPAID LIST AND REQUESTING THAT THE AUDITOR OF THE COUNTY OF MARIN, STATE OF CALIFORNIA, SHALL MAKE EXTENSION OF INSTAL- LMENTS THEREOF ON TAX ROLLS, LUCAS VALLEY OPEN SPACE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4423 - RESOLUTION FIXING DATE OF BONDS AND DIRECTING PUBLICATION OF OFFICIAL NOTICE INVITING BIDS FOR PURCHASE OF BONDS, LUCAS VALLEY OPEN SPACE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LETTER FROM SCHNEIDER AND SLACK CONSTRUCTION REGARDING BEDROOM TAX REFUND - File 9-10.2 Mr. Slack presented a request fro refund of $375.00 paid to the City in connection with a building per- mit. He had originally bid the job when the lot was in the County area (TLCSD) and did not figure the bedroom tax into the bid. Mr. Slack was instructed to bring the contract to the City Manager and the matter was continued to April 16, 1973. RE: URGENCY ORDINANCE AMENDING. ZONING ORDINANCE PERTAINING TO PARKING SPACE RFnIIIRFMFNTC - Ftlo 10-3 CHARTER ORDINANCE NO. 1094 - An Urgency Ordinance of the City of San Rafael repealing Chapter 14.64; Section 14.15.010 as it refers to ''Combining or H District'', Section 14.32.070; Section 14.75.060; amend- ing those sections that refer to Chapter 14.64 so that they refer to Chapter 14.13 and enacting Chapter 14.13 of Title 14 of the San Rafael Municipal Code, and numbering Charter Ordinance No. 1094 was passed and adopted as an ordinance of the City of San Rafael by the following vote, towit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PROPOSED ORDINANCE TO REQUIRE DEDICATION OF STREET RIGHT-OF-WAY, FRONTAGE IMPROVEMENTS AND SETTING MINIMUM SITE DEVELOPMENT STANDARDS - File 5-2 This matter was continued to April 16th, 1973• RE: ENVIRONMENTAL IMPACT REPORT REQUIREMENTS - File 10-2 City Planner Herbert G. Hotchner explained the Environmental Impact Report requirements of the California Environmental Quality Act of 1970 and referred to Associate Planner Ott who made a comprehensive presenta- tion of the necessary staff procedures for accepting and processing applications which fall under the above Act. Mr. Hotchner said applications that were found to have no significant impact on the environ- ment would probably be processed within 30 to 35 days; however, when a full Environmental Impact Report is required, he estimated an additional processing time of from three to six months. Motion by Councilman Mulryan, second by Councilman, t6 adopt by resolution the recommendation of the planning staff. RESOLUTION NO. 4446 - ADOPTING RULES AND REGULATIONS FOR THE MAKING OF ENVIRONMENTAL IMPACT REPORTS. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: PROPOSED CITY/SCHOOL DISTRICT JOINT POWERS AGREEMENT FOR IMPROVEMENT OF THE GLENWOOD SCHOOL GROUNDS FOR SCHOOL/PUBLIC RECREATION USAGE - File -7-7 Director of Parks and Recreation, A. J. Snyder, Jr., explained the proposal to transfer funds allocated for improvements of the Peacock Gap School site to the Glenwood School improvement project, the funds to be used in conjunction with funds from the PTA and the School District under a joint powers agreement. Motion by Councilman Jensen, second by Councilman Miskimen, that the Mayor and City Clerk be authorized to sign the agreement and that the agreement be amended on page 2, paragraph 3 to read, "...agreed to by the City Manager...'' instead of the Director of Parks and Recreation. RESOLUTION NO. 4447 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With the San Rafael City School District) AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: REQUEST FOR THE REDUCTION OF RECREATION ACTIVITY PROGRAM FEES TO SAN RAFAEL ESIDENTS ON PUBLIC ASSISTANCE. - File 12-15 Director of Parks and Recreation, A. J. Snyder, Jr., reported on the proposed program to allow a 50 per- cent reduction to San Rafael residents receiving welfare, at an approximate cost of $300 in loss of fees. Council discussion revealed their desire to offer the program to any resident of the City who is not able to afford the full fee. The proposal was approved in principle and the City staff was directed to ad- minister the program. RE: ACCEPTANCE OF DEED TO JANAKES PROPERTY LOCATED ON SOUTHEAST CORNER OF FIFTH AND D STREETS - File 2 -1 -43 - RESOLUTION -1- 3 RESOLUTION NO. 4448 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING DEED TO REAL PROPERTY. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: ACCEPTANCE OF GRANT DEED FROM GOLDEN GATE BRIDGE HIGHWAY AND TRANSPORTATION DISTRICT - File 112-2 RESOLUTION NO. 4449 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. AYES: Councilmen: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: ACCEPTANCE OF GRANT DEED FOR ADDITIONAL RIGHT-OF-WAY - File 2-2 RESOLUTION NO. 4450 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. (southeast corner of Larkspur Street and Alto Street, and northeast corner of Belvedere and Alto Streets) AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: COUNCIL ENCROACHMENT PERMIT NO. 255 - File 2-11 At the request of Public Works Director Rawles for a policy statement, Council ruled that permits will continue to receive approval on an individual basis. Motion by Councilman Jensen, seconded by Councilman Miskimen and unanimously carried, to approve Encroach- ment Permit No. 255 to paint address numbers on curbs. RE: ACCEPTANCE OF EASEMENT AND PROPOSED AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARIN YACHT CLUB - File 4-10-63 RESOLUTION NO. 4451 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (re Fishing and View Easement between the City of San Rafael and Marin Yacht Club) AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini 14OES: Councilmen: None ABSENT: Councilmen: None RE: REPORT ON FIRE PROTECTION - UNINCORPORATED AREAS - File 12-3 City Manager, William J. Bielser reported on the fire protection situation in unincorporated County areas, whereby Marin County receives around $67,000 a year in structural fire tax income and the City of San Rafael has been furnishing the service on a first -response basis at a substantial cost to the City as well as diminution of fire service to residents. Since the County is not equipped to efficiently handle the calls, and the burden on this City is growing, he asked guidance from the Council as to future procedure. After discussion, the Council authorized the staff to negotiate a written agreement, after review with the Fire Commission, and report back to Council on April 16, 1973. RE: PERSONNEL - File 7-5 Motion by Councilman Jensen, seconded by Councilman Miskimen and carried unanimously, to appoint Raymond L. Meador As Assistant to the City Manager, effective April 16, 1973 at $1259 a month. RE: NON-RESIDENT APPOINTMENTS TO CITIZENS ADVISORY COMMITTEE ON SAN RAFAEL GENERAL PLAN - File 9-2-15 The following persons were appointed to the Citizens Advisory Committee: Bruce McPhail, from the Bayside Area. Jane Levinsohn, from the Country Club Area. Robert C. Jones, from the Santa Venetia Area. Robert W. Smith, from the Los Ranchitos Area. RE: ORDINANCE PROVIDING THAT CERTAIN FEES AND PERMITS BE SET BY RESOLUTION - File 9-10.2 An ordinance of the City of San Rafael amending Title 10, Section 10.72.070; Title 11, Sections 11.04.080 and 11.10.030; and Title 15, Section 15.20.070 of the Municipal Code to provide that the fees therein shall be set by Resolution and not by Ordinance, and numbering Charter Ordinance No. 1095, was read, in- troduced and ordered passed to print by the following vote towit: AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: LETTER FROM STEPHEN H. KAUFMANN REGARDING GOLDEN GATE BRIDGE DISTRICT - File 112-2 As Mr. Kaufmann was not present, this item was continued to the meeting of April 16, and the City Clerk was asked to notify him of the date. BE: FEDERAL AID URBAN PROJECT NO. M-6302, CITY PROJECT NO. 9331-73.164, FOR ROADWAY IMPROVEMENTS 2nd, 3rd, 4th STREETS AND MIRACLE MILE - File 11-15 Director of Public Works, Norris M. Rawles, explained that the request for additional funds is for soils engineering and field survey work necessary for the F.A.U. project. Motion by Councilman Jensen, seconded by Councilman Mulryan, to authorize the expenditure of an additional $5,000 from Gas Tax Funds as requested by the Director of Public Works. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: CLAIM FOR PROPERTY DAMAGE - MARY R. BELL - File 3-1-39 Motion by Councilman Jensen, seconded by Councilmen Mulryan and carried unanimously, that claim be denied in accordance with the recommendation of the City Attorney. RE: CLAIM FOR PROPERTY DAMAGE - HARRY GIORDANI - File 3-1-40 Motion by Councilman Jensen, seconded by Councilman Mulryan and carried unanimously, that claim be denied in accordance with the recommendation of the City Attorney. RE: CLAIM FOR PERSONAL INJURIES - MRS. HELEN M. DONOVAN - File 3-1-41 Motion by Councilman Miskimen, seconded by Councilman Mulryan and carried unanimously, that claim be denied in accordance with the recommendation of the City Attorney. RE: REPORT ON MEETINGS WITH OTHER JURISDICTIONS - File 10-2 City Planner Herbert G. Hotchner reported on the County Planning Commission meeting. The San Pedro Re- serve action he is opposing was continued to April 9, when they will also considera a several -week mora- torium in the Las Gallinas basin. He asked, and received, authority to oppose a proposed development off Merrydale Road on the basis of inadequate fire protection, inadequate circulation, and inferior landscap- ing. RE: REPORT TO COUNCIL ON HORSES ON MONT MARIN OPEN SPACE PRESERVE - File 13-14.1 City Attorney, Fred Robbins, Jr., advised that letters have been sent to residents advising that steps would be taken to remove horses whose owners have not filed certificates of insurance. The City Council reiterated their ruling that all horses are to be removed from the Mont Marin Open Space Preserve by May 1, 1973, and any not having a certificate of insurance filed are to be removed immediately. The President of Blackstone Canyon Horse Owners Association, Barbara Mayne, informed the Council of the Association's intent to present a proposal for an organized equestrian open space facility that would be open to San Rafael residents, on the Mont Marin Open Space Preserve. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated April 2, 1973, and now on file in the Finance office to which reference is hereby made for further particulars: CLAIMS: GENERAL FUND $ 33,877.30 PARKS FUND 1,726.86 LIBRARY FUND 4,451.25 OPEN SPACE FUND 24.20 PARKING DISTRICT FUND 411.16 CAPITAL IMPROVEMENT FUND 90,117.71 STORES REVOLVING FUND 41.94 EQUIPMENT REPLACEMENT FUND 11,479.23 PARKING METER FUND 2.10 EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT 1,995.00 $ 144,126-75 PAYROLL: GENERAL FUND $ 142,732.82 PARKS FUND 6,418.00 LIBRARY FUND 5,744.44 PARKING DISTRICT NO. 1 636.80 PARKING METERS 159.20 $ 155, 91.2 RE: APPEAL OF PLANNING COMMISSION DENIAL FOR A NEW AND USED CAR SALES AND SERVICE FACILITY ,(Pacific Cas- cade Land Company, and Clarence A. DeLong, ownersj GPC 73- - File 10-5 CONTINUED FROM EARLIER IN THIS MEETING City Attorney, Fred Robbins, Jr., advised that City Code specified that a decision must be rendered within 60 days of the filing an appeal of a Planning Commission denial. The public hearing was continued to April 16, 1973, as that is the latest meeting within the 60 -day period, and staff was instructed to inform all parties involved. There was discussion regarding possible revision of the ordinance to allow more time for final action (it was the consensus that 60 days in most cases was sufficient), and the City Attorney was directed to work up a change adding the words, "However, upon the showing of good cause, the City Council may continue the matter from time to time not to exceed six months." RE: LETTER, FROM MARIN HERITAGE REQUESTING SCAVENGER PRIVILEGES - File 13-14.2 Mayor Bettini r -ad a letter from Marin Heritage requesting permission to remove certain "vintage struc- tures and architectural irreplaceab les" if the City demolishes the building at 1313-1370 5th Avenue. In view of the several requests previously received, the City Manager was directed to notify persons requesting such privileges to deal direct with the company contracting to do the demolition. Fire Chief Marcucci was granted approval to use the building for practice burning, if the contractor agrees. RE LETTER FROM MRS. WILLIAM LADDISH REGARDING CONDITION ON 2ND STREET NEAR EAST STREET. Restaurant - File 11-15 Near Medallion City Engineer, Ely Caillouette, Jr., was directed to investigate the alleged dangerious condition con- tained in Mrs. Laddish's letter RE: LETTER FROM CAPTAIN WILLIAM W. BUTLER, RETURNING PRISONER OF WAR - File 102 A letter of thanks was received from Captain Butler for the Resolution welcoming him home. The Council adjourned to 8:00 o'clock P.M. on April 16, 1973• i MARION A. GRADY, City Clerk Approved this ­M/d0 f 19 73 MAYOR OF THE CITY OF SAN R'AFAEL *** RE: APPROVAL OF MINUTES Motion by Councilman Jensen, second by Councilman Miskimen and unanimously carried, that the minutes of the Special Meeting,January 29, 1973, and Adjourned Regular Meeting, January 29, 1973, be approved as mailed. In Room 201 of the City of San Rafael, Monday, April 9th, 1973 at 7:00 o'clock P.M. Special Meeting: RE: SALARY NEGOTIATIONS - File 7-4 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman The Council met in executive session to discuss the status of salary negotiations with City Manager, William J. Bielser. RE: REDEVELOPMENT - File 140 Attorney, Steven H. Goldfarb presented the proposed agreement with the County of Marin and after discussion of the terms, it was moved by Councilman/Agency Member Jensen, seconded by Councilman/Agency Member Mulryan, and unanimously carried, to accept the County's proposal subject to the Marin Community College District's acceptance of the proposal to them made by the City, and Executive Director Bielser be authorized to sign the agreement. RESOLUTION NO. 73-1-A - RESOLUTION AUTHORIZING EXECU- TION OF AGREEMENT WITH COUNTY OF MARIN IN SETTLEMENT OF LAW- SUIT. Approved this ---� /ffd�y of 192-3 MAYOR OF THE CITY OF SAN RAFAEL MARION A. GRADY, City Cler In Room 201 of the City of San Rafael, Monday, April 16, 1973 at 7:30 o'clock P.M. Special Meeting: RE: SALARY NEGOTIATIONS - File 7-4 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Council met to discuss status of salary negotiations with City Manager, William J. Bielser. MARION A. GRADY, City Clerk Approved th i s cRS� day of 197-3 . �12 e4 MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City of San Rafael, Monday, May 7th, 1973 at 7:30 o'clock P.M. Special Meeting: RE: SALARY NEGOTIATIONS - File 7-4 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Council met to discuss status of salary negotiations with City Manager, William Bielser. MARION A. GRADY, City Clerk Approved this u day of \, reg., e- 19 73 m7yo—R-OF THE CITY In the Council Chambers of the City of San Rafael, Monday, April 16, 1973, at 8:00 o'clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: APPROVAL OF MINUTES Motion was made by Councilman Jensen, seconded by Councilman Miskimen, and carried, to approve the minutes of the special meeting of February 5, regular meeting of February 5, special meeting of February 12, and regular meeting of February 12, 1973, a true and correct copy having been heretofore submitted to each member. RE: PUBLIC HEARINGS - APPEALS OF PLANNING COMMISSION CONDITIONS ON TWO 2 -LOT SUBDIVISION,S LOCKWOOD DRIVE GPC 73-4 AND GPC 73-5)- FILE 10-5 The Council accepted withdrawal of the above two items, at the written request of Joseph T. Lais, property owner, and Richard M. Lockman, representative. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL FOR A NEW AND USED CAR SALES AND SERVICE FACILITY PACIFIC CASCADE LAND COMPANY AND CLARENCE A. DE LONG, OWNERS GPC 73- - FILE 10-5 Mayor Bettini reopened the public hearing, previously opened on April 2, 1973 and continued to this meet- ing. City Planner Herbert G. Hotchner, stated that the Council has copies of the Planning Commission minutes and staff recommendation, and the appeal is the result of a unanimous denial of the item by the Planning Commission. He said that Fireman's Fund, one of the four property owners, has withdrawn approval to in- clude their parcel as a portion of the site. The request by Mr. Colin Claxon, representative for Mr. DeLong, that the Council consider his previous request for continuance to the May 7 meeting, was rejected since the City Code specifies that a decision must be rendered within sixty days of the filing of an appeal. Mr. Claxon in his presentation pointed out that the State had condemned the site that has been utiized by Mr. DeLong for 24 years, forcing him to relocate and that Mr. DeLong is desirous of remaining in San Rafael. Mr. Claxon asked for favorable consideration of the appeal, contending that this use would have no greater impact than any other business either traffic -wise or ecologically, and noting additional tax benefits. Homeowners speaking in favor of the Planning Commission denial were Rita Pearson, 1044D Los Gamos Road, Robert Smee, Terra Linda Gardens, Constance Johnston, 12 Cloverhill Ct., Cynthia Tibbets, Terra Linda Gardens, Roger Kruse, 35 Salvador Way, Dick Morris, 1012H Los Gamos Road, Steve Phillips, 10480D Los Gamos Road, Jim Murphy, San Rafael Manor, and Lucille Herron, 1048B Los Gamos Road. Their opposition to the use was based on the belief that this use would affect the resale value of their homes, would increase traffic, is inappropriate to the surrounding uses, and should be relocated in the area of other car lots. Since there were no further commendts, Mayor Bettini closed the public hearing. Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, to uphold the Planning Commission decision of denial AYES: Councilmen: Jensen, Miskimen, Mulryan NOES: Councilmen: Mayor Bettini ABSENT: Councilmen: None RE: PUBLIC HEARING - MOORING ROAD SEWER ASSESSMENT DISTRICT - FILE 6-28 Mayor Bettini declared the public hearing open. Mr. Edwin E. Ness, Attorney, represented the Assessment District in the hearing to determine public con- venience and necessity, the first of two public hearings on this item. There were no protests, either written or verbal. City Engineer, Ely Caillouette, Jr., reported that this area has been a problem because of pollution to the Canal and the health depattment has given notice to the property owners that it will soon be considered a health hazard. Since there were no further comments and no protests, Mayor Bettini closed the public hearing. The Council took the following actions: RESOLUTION NO. 4454 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF IMPmOVEMENTS AND ACQUISTIIONS TO BE MADE IN THE MOORING ROAD SEWER ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION OF INTENTION NO. 4456 - IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS AND AC- QUISITIONS TO BE MADE IN MOORING ROAD SEWER ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4457 - RESOLUTION DIRECTING FILING OF BOUNDARY MAP WITH COUNTY RECORDER OF THE COUNTY OF MARIN. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: PUBLIC HEARING - APPLYING THE PROVISIONS OF THE VEHICLE CODE TO PRIVATELY OWNED AND MAINTAINED ROADS. NORTHGATE SHOPPING CENTER FILE 11-1 Mayor Bettini opened the public hearing. Police Captain Borba gave a report, stating limitations of enforcement to the red no -parking areas, only after security has made an attempt, and only on a complaint basis. Mr. Walter P. Smith, Manager of the Northgate Shopping Center, agreed to these limitations. There were no further comments and Mayor Bettini declared the public hearing closed. An ordinance of the City of San Rafael amending Ordinance 931 of the City of San Rafael applying provisions of the Vehicle Code of the State of California to certain privately owned and maintained roads, and number- ing Charter Ordinance No. 1096 was read, introduced and ordered passed to print by the following vote, towit: AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None An ordinance of the City of San Rafael applying the provisions of the Vehicle Code of the State of Cali- fornia relative to privately owned and maintained roads, and numbering Charter Ordinance No. 1097 was read, introduced and ordered passed to print by the following vote, towit: AYES: Councilmen: Jensen, Miskimen, Mulryan and MEyor Bettini NOES: Councilmen: None ABSENT: Councilmen :None RE: PUBLIC HEARING - EXTENSION OF GPC ORDINANCE NO. 1075 AS AMENDED BY ORDINANCE NO. 1093 - FILE 10-3 Mayor Bettini declared the public hearing open. City Planner Herbert G. Hotchner reported that, under State law, this is the final extension of Ordinance No. 1075 as amended by Ordinance No. 1093, the maximum extension time is twelve months, and the Council has copies of both ordinances. There were no comments and Mayor Bettini closed the public hearing. An ordinance of the City Council of the City of San Rafael readopting the General Plan Conflict Combined District as amended by Ordinance No. 1075 and Ordinance No. 1093 which amended Title 14, Zoning, of the Municipal Code of the City of San Rafael by adding Chapter 14.62, and numbering Charter Ordinance No. 1098 was read, introduced and ordered passed to print by the following vote, towit: AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: Noen RE: PERSONNEL - FILE 7-5 Mayor Bettini introduced Mr. RaymorfkL. Meador, who was recently appointed as assistant to the City Manager. RE: REQUEST FROM BLACK CANYON NEIGHBORHOOD ASSOCIATION FOR ASSISTANCE OF CITY STAFF IN THE FORMATION OF A SPECIAL ASSESSMENT DISTRICT - FILE At the request of Mr. Dick Sadler, representing the Black Canyon Neighborhood Association, the Council authorized City Engineer Ely Caillouette, Jr. to attend a meeting of the homeowners association and answer any questions regarding improvement of lower Mountain View Avenue. RE: FINAL ADOPTION OF ORDINANCE NO. 1 THAT CERTAIN FEES THEREIN BE SET AMENDING TITLES 10, 11 AND 15 OF THE MUNICIPAL CODE TO PROVIDE FCnI IITInnI - 7II G 0-10 CHARTER ORDINANCE NO. 1095 - An ordinance of the City of San Rafael amending Title 10, Section 10.72.070; Title 11, Sections 11.04.080 and 11.10.030; and Title 15 Section 15.20.070 of the Municipal Code to provide that the fees therein shall be set by Resolution and not by Ordinance was passed and adopted as an ordi- nance of the City of San Rafael by the following vote, towit: AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: REPORT ON BIDS - TRAFFIC SIGNAL SYSTEM INSTALLATIONS AND IMPROVEMENTS - PROJECT NO. 9412 AND 13 - 73.31(4TH AND "D" STREET AND 4TH AND GRAND - FILE -1-199 Director of Public Works Norris M. Rawles recommended bid award to the low bidder, Leonardi Electric Com- pany, whose bid was well below the estimated and budgeted amount. 6 RESOLUTION NO. 4458 - RESOLUTION OF AWARD OF CONTRACT AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: REPORT ON BIDS - LUCAS VALLEY OPEN SPACE ASSESSMENT DISTRICT - FILE 6-25 Mr. Edwin E. Ness, Attorney for the District, reported that the low bid of 5.7981 net interest rate is well within the financing limitations and recommended award to the low bidder, First California Company. RESOLUTION NO. 4459 - RESOLUTION AUTHORIZING SALE OF BONDS, LUCAS VALLEY OPEN SPACE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: SAN RAFAEL OPEN SPACE BONDS - FILE 8-12 Mr. Edwin E. Ness, Attorney, reported that the proposed resolution is to implement an existing agreement naming the Bank of America as paying agent on the bonds. RESOLUTION NO. 4460- RESOLUTION APPOINTMENT A PAYING AGENT FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDS ISSUED IN THE CITY OF SAN RAFAEL. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: TRANSFER OF OLD FRANCISCO BOULEVARD PUMPING STATION BUILDING AND EQUIPMENT TO THE STATE OF CALI- FORNIA. - FILE 2-1.5 x 12-7 Director of Public Works, Norris M. Rawles, recommended that Council authorize payment to the San Rafael Sanitation District of $62,000 received from the State, per agreement between the City and the Sanitation District. Motion by Councilman Jensen, seconded by Councilman Miskimen and carried unanimously, to authorize pay- ment of $62,000 received from the State for Pump Station Building and Equipment to the San Rafael Sanita- tion District. RE: ORDINANCE .AMENDING TITLE 11 OF THE MUNICIPAL CODE BY ADDING THERETO A CHAPTER ENTITLED, SITE DE- VELOPMENT STANDARDS - FILE 5-1 City Engineer, Ely Caillouette, .fir. reported that this item, as well as the next agenda item, is to For- malize and put in ordinance form present engineering requirements. An ordinance of the City of San Rafael amending Title 11 of the Municipal Code of the City of San Rafael by adding thereto Chapter 11.32, entitled Site Development Standards, and numbering Charter Ordinance No. 1099 was read, introduced and ordered passed to print by the following vote, towit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: ORDINANCE AMENDING TITLE 11 OF THE MUNICIPAL CODE BY ADDING THERETO CHAPTER 11.34 ENTITLED, FRONTAGE IMPROVEMENTS AND DEDICATION OF STREET RIGHT OF WAY - FILE 5-1 An ordinance of the City of San Rafael amending Title 11 of the Municipal Code of the City of San Rafael by adding thereto Chapter 11 .34, entitled Frontage Improvements and dedications of street right of way, and numbering Charter Ordinance 1100 was read, introduced and ordered passed to print by the following vote, towit: AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: TRAFFIC SIGNAL SYSTEM INTERCONNECTION AND IMPROVEMENT - TOPICS PROJECT T-3072(22) - FILE 4-1-191 Director of Public Works, Norris M. Rawles, explained that the request was for an extension of time to complete the above project from May 2 to June 14, 1973, due to a holdup in controller equipment. RESOLUTION NO. 4453 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SCHEDULE A, MAJOR DRAINAGE FACILITIES - FILE 6-22 Director of Public Works Norris Rawles, reported that the extension of time to complete the above project has been requested due to delays caused by weather. RESOLUTION NO. 4461 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None 4.1 R RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SCHEDULE B, MAJOR STREET IMPROVEMENTS - FILE 6-22 RESOLUTION NO. 4462 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SCHEDULE C, BAY FRONT LEVEE IMPROVEMENTS - FILE -22 Director of Public Works Norris M. Rawles, referred to a petition received from property owners to pro- ceed with construction of the levee and said that Assessment Attorney Edwin E. Ness was present with a report. Mr. Ness advised that construction of the levee could be accomplished by selling the remaining bonds previously authorized. He proposed a resolution authorizing the City and the Sanitation District to institute a program for foreclosing delinquent 1915 assessments after a 30 -day notification to prop- erty owners. The petition was referred to the City Attorney and the Sanitation District for considera- tion and a report. RESOLUTION NO. 4463 - RESOLUTION ESTABLISHING POLICY IN THE MATTER OF FORECLOSURE OF DELINQUENT ASSESSMENTS AND AUTHORIZING CITY ATTORNEY AND SPECIAL BOND COUNSEL TO EXECUTE SUCH PROGRAM IN 1915 ACT BOND ISSUES IN THE CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: LETTER FROM SCHNEIDER & SLACK CONSTRUCTION REGARDING BEDROOM TAX REFUND ($375) - FILE 9-10.2 City Manager, William J. Bielser, informed the Council that, although the contractor states he was una- ware of this tax when he signed the contract to build the home, 1t was signed after the vote by the people approving the annexation. He noted that the property owners derived a considerable reduction in property taxes upon annexation to the City of San Rafael on January 1, 1973, and recommended that the principle of the bedroom tax, for which there are frequent requests for relieve, be upheld. Mr. Slack, Schneider & Slack Construction, asked that the tax be refunded because of extenuating circum- stances and confusion in changing from the County to the City building regulations. After discussion, the Council accepted the staff recommendation and denied the request. RE: REPORT ON FIRE PROTECTION IN UNINCORPORATED AREAS - FILE 9-3-31 City Manager, William J. Bielser, referred to the memorandum from the Fire Commission. The recommenda- tion of the Commission and the City Manager was accepted and two Council members, Mayor Bettini and Councilman Miskimen, were appointed to serve on a committee with two members to be appointed from the Fire Commission and representatives from the Marin County Board of Supervisors, to negotiate a solution. RE: REPORT ON MONT MARIN FIRE PROTECTION AGREEMENT - FILE 4-10-64 Fire Chief Marcucci reported on a proposed agreement whereby the Marinwood Fire Department would respond to certain calls in the Mont Marin Subdivision. He explained that Marinwood's response time is one minute as opposed to San Rafael's three to four minutes, and Marinwood would receive these benefits: the use of San Rafael training facilities; the use of a reserve engine; and joint training sessions. Motion by Councilman Miskimen, seconded by Councilman Mulryan, and carried unanimously, to accept the Fire Chief's report and authorize the Mayor and City Clerk to execute an agreement to be prepared by the City Attorney. RE: AGREEMENT WITH MARIN MUNICIPAL WATER DISTRICT TO ENLARGE FIRELINE ALONG VALENCIA STREET BETWEEN JEWE(.L- AND ALICE STREETS, AND ALONG ALICE STREET TO MISSION AVENUE - FILE 4-15 Fire Chief Marcucci reported on the proposed agreement for 60 percent City participation and noted that it has been included in budget appropriations. Motion by Councilman Jensen, seconded by Councilman Miskimen, and carried unanimously, to authorize the Mayor and City Clerk to sign the agreement. RE: LETTER FROM STEERING COMMITTEE FOR PRO -TOTAL ENVIRONMENT MARIN CONFERENCE FOR SUPPORT - FILE 13-14 =1110 City Manager, William J. Bielser, referred to the letter from Carol Staley, Chairman of the Sterring Committee, seeking sponsorship and a $25 contribution from the Council. Connie Johnston, for the Steer- ing Committee, informed the Council that contributions have been received from five cities to date. It was noted that it has not been Council policy to authorize this type of contribution and the item was continued for two weeks for investigation and a report by staff. RE: LETTER FROM MARIN EMERGENCY HOUSING ASKING TO MAKE PRESENTATION TO COUNCIL - FILE 13-16 Mr. Stanley Seiderman, representing the Marin Emergency Housing group, reported on the background and goals of the group, a private organization, and asked Council endorsement in principle as well as future assistance such as funding, etc. Staff was directed to investigate and provide to the Council more information about the organization. Mr. Seiderman was informed that any action would be taken at a later date and by the Redevelopment Agency. RE: LETTER FROM FAMILY & CHILDREN SERVICES ADVISORY COMMITTEE - FILE 12-15 The request from Marin County officials for a 50 percent reduction of fees for welfare recipients to participate in Parks and Recreation Programs was referred to the Parks and Recreation Department. RE: BLACKSTONE CANYON HORSEMEN'S ASSOCIATION - FILE 13-3 x 13-14.1 Mayor Bettini asked if there was anyone present wishing to speak for the Association. Barbara Mayne, a resident of Mont Marin and President of the Horsemen's Association, presented a proposal to work with the City staff to create an equestrian recreational facility on Mont Marin open space lands and contended that grazingwould delere a potential fire hazard and prevent undesirable growth of weeds. Other homeowners who spoke included Frank Tallarita who felt horses would be consistent with the open space desires of the people of Mont Marin; Bruce Leeb, who stated the intent of the resolution passed by the Board of Mont Marin was not to support the keeping of horses, but merely did not oppose the Associa- tion's look into it; and Geof Hudson who was opposed to horses in that area. The Council ruled that the initial decision would stand, and that all horses must be removed by May 1, 1973. The report from the Blackstone Canyon Horsemen's Association was referred to the staff for use in the study of the open space program presently being conducted. RE: RECOMMENDATION OF TRAFFIC COMMITTEE - FILE 11-9 RESOLUTION NO. 4465 - A RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: LETTER FROM MARIN COUNTY TAXPAYERS ASSOCIATION - FILE 9-12 Since it has always been Council policy to control expenditures to the maximum extent possible, it was the Council decision that the resolution requested is unnecessary. 3 RE: NORTH RIDGE PROPERTY TRANSFER FROM SAN RAFAEL TO ROSS - FILE 5 -7 - RESOLUTION NO. 4455 - RESOLUTION AGREEING TO TRANSFER TERRITORY FROM THE CITY OF SAN RAFAEL TO THE TOWN OF ROSS. AYES: Councilmen: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: COUNCIL ENCROACHMENT PERMIT NO. 256 - FILE 2-11 Director of Public Works, Norris M. Rawles, recommended approval of the installation of two Independent Journal news racks, to be located so as to cause no hazard to pedestrians, at the north side of Fourth Street under 101 Viaduct and at the southwest corner of Fourth and Lincoln Avenue. Mr. Steven Thomas of Thomas Delivery Service presented a new type of news rack and asked for Council ap- proval of the design. At the suggestion of City Planner Herbert G. Hotchner, the Council delayed any ac- tion with regards to any design approval until a property study is made. Motion by Councilman Mulryan, seconded by Councilman Mikimen, and carried unanimously, to accept the re- commendation of the Director of Public Works. RE: TERMS EXPIRING FOR TWO MEMBERS OF THE LIBRARY BOARD OF TRUSTEES - File 9-2-3 Applications will be requested from the public, to be received during the next two weeks, for the expiring offices. The Council will then review these applications, along with the two members whose terms are ex- piring, Mrs. Minneman and Mr. Bradshaw, and make appointments within thirty days. RE: PERSONNEL - FILE 7-5 Motion by Councilman Jensen, seconded by Councilman Miskimen, and carried unanimously, to place the fol- lowing employees on the reguar payroll: (a) John V. Mand4er, Patrolman Reinstatement Range 14a Step E $1066. (b) Hiring Fireman Gary Bystrom. (c) James Louie, Associate Planner (Range 16, Step A) at $950 per month, effective May 1, 1973. (d) Helen McDaniel, Secretary, City Clerk's Office, Range 6, Step C $662 per month, effective April 23, 1973 4- RE: CLAIM FOR DAMAGES - W. P. MAC AULAY - File 3-1-4i Motion by Councilman Jensen, seconded by Councilman Miskimen, to deny the claim for damages to an auto, alledgedly caused by a street tree too close to the curb. AYES; Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: CLAIM FOR DAMAGES - KIP BUNYEA - File 3-1-43 Motion by Councilman Jensen, seconded by Councilman Miskimen, that the claim for loss of property be denied. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: CLAIM FOR DAMAGES - DOROTHY A. WASHINGTON - FILE 3-1-44 Motion by Councilman Miskimen, seconded by Councilman Jensen, that the claim for damage to an auto be denied and referred to the insurance carrier. AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: CLAIM FOR DAMAGES - DONALD P. ATKINS - FILE 3-1-45 Motion by Councilman Jensen, seconded by Councilman Miskimen, that the claim for property damage be denied and referred to the insurance carrier. AYES: Councilmen: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: SOLICITATION OF BIDS FOR PAINT BOOTH FOR THE CITY YARD - File 12-4 Director of Public Works, Norris M. Rawles, informed the Council that paint manufacturers did not bid because of objections of the franchised retailers, and the retailers did not bid either. The Council made the finding that no bids were received and instructed the purchasing agent to negotiate and come back to the Council for price approval. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated April 16, 1973, and Advice on Payroll dated April 16th, 1973, and now on file in Finance office to which reference is hereby made for further particulars: CLAIMS: GENERAL FUND $ 214,419 12 PARKS FUND 2,550.52 LIBRARY FUND 3,576.16 RETIREMENT FUND 37,287-78 PARKING FUND 151.40 CAPITAL IMPROVEMENT FUND 2,645.40 STORES REVOLVING FUND 433.08 EQUIPMENT REPLACEMENT FUND 5,910.43 REDEVELOPMENT AGENCY FUND 1,270.00 ANNEXATION FEES _ 31,999.16 $300,243.05 PAYROLL: GENERAL FUND 136,303.4 PARKS FUND 6,513.82 LIBRARY FUND 5,672.56 PARKING DISTRICT NO. 1 636.80 PARKING METERS 159.20 $ 149,285.78 The Council adjourned to 8:00 o'clock P.M. on May 7, 1973. The Council reconvened as the SAN RAFAEL REDEVELOPMENT AGENCY. REPORTS - File 140 Executive Director Bielser reported that Mr. Ciocca Has resigned from Hornblower & Weeks and is now with Eastman -Dillon. He received Agency approval to retain Mr. Ciocca in his former capacity of Financial Consultant. Wv"-F Marie Weo-� suggested the rejuvenation of the downtown commercial area (4th Street, from Mira -le Mile to Lincoln Avenue) with a Spanish motif depicting the history of San Rafael. Executive Director Bielser was directed to contact Mr. De Long and offer agency assistance in the relocation of DeLong Chevrolet. MARION A. GRADY, City Cler4 Approved this Q/s/day of 19 F MAYOR OF THE CITY OF SAN RAFAEL