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HomeMy WebLinkAboutMinutes 1970-1973 pt. 1I ".n the Council Chambers of the City of San Rafael, January 5th, 1970 at 8:00 P. M. Regular Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Fred C. Robbins, Jr., Councilman Absent: John A. Miskimen, Councilman RE: APPROVAL OF MINUTES Motion was made by Councilman Jensen, seconded by Councilman Robbins, the minutes of December 15th, 19th and 29th, 1969, a true and correct copy having been heretofore submitted to each member, were approved. RE: SAN RAFAEL CREEK DREDGING - PROJECT 43-2016 (70.124-3) - File 4=1=160 x 12-10 The following bid was received and opened: West Coast Dredging Company $ 13,803.66 Director of Public Works, Norris M. Rawles advised the council that this amount was excessively high. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the bid be rejected, and the Public Works Department be authorized to negotiate for the dredging work on a per yard basis or investi- gate some other way to clear the channel. RE: COMMENDATIONS - File 102 A Civic Award was presented to Barry Bovee for his heroic action in saving the life of Bob Metzger on November 13th, 1969. Mr. Bovee on hearing an automobile accident in the vicinity of his home, ran to pull Bob Metzger from the burning auto without concern for his own safety. A Civic Award was presented to Philip F. Brown for his many years of service as a City Councilman and member of the Library Board of Trustees. RE: SIDEWALKS - CURBS AND GUTTERS - File 11-7 Mr. William S. Dresia whose property is located at the Northeast corner of Linden Lane and Grand Avenue reported to the council that a great deal of mud has come down on his driveway from the property above. Director of Public Works, Norris Rawles and City Engineer, Ely Caillouette, Jr. both stated this was not caused by any action of the City and was strictly a private matter. The council advised the Director of Public Works and the City Engineer to have another look at the problem and report back in two weeks with suggestions as to what the city's responsibility is and what can be done to improve the situation. RE: ZONING ORDINANCE TEXT AMENDMENT - SECTION 14.92050 REMOVING REQUIREMENT FOR MANDATORY PUBLIC HEARING - File 10-3 CHARTER ORDINANCE NO. 964 - An ordinance of the City of San Rafael amending Section 14.92.050 of the San Rafael Municipal Code so that it is not mandatory for a public hearing to be held by the City Council when the Planning Commission has recommended that an application to amend the zoning map be denied, and numbering Charter Ordinance No. 964 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Noes: Councilmen: None Absent: Councilmen: Miskimen RE: MISDEMEANOR CONTROL - File 13-8 Robbins, Jr., and Mayor Bettini CHARTER ORDINANCE NO. 965 - An ordinance repealing Section 8.12.010 of the San Rafael Municipal Code per- taining to drunkenness in public places and Section 8.18.020 of the San Rafael Municipal Code pertaining to drunkenness within motor vehicles, and numbering Charter Ordinance No. 965 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ANIMAL PERMIT - File 9-3-19 x 13-3 CHARTER ORDINANCE NO. 966 - An ordinance prohibiting the issuance of permits to keep poultry and animals until after March 15th, 1970, and numbering Charter Ordinance No. 966 was passed and adopted as an ordi- nance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: VEHICLES FOR HIRE - File 9-9 CHARTER ORDINANCE NO. 967 - An ordinance increasing the amount of the Bond of insurance required of a vehicle for hire, and numbering Charter Ordinance No. 967 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: VEHICLES FOR HIRE - NECESSITY FOR CITIZENSHIP FOR TAXI DRIVERS LICENSE UNCONSTITUTIONAL - File 9-9 CHARTER ORDINANCE NO. 968 - An ordinance deleting the requirement that an applicant for a taxi driver's license be a citizen of the United States, and numbering Charter Ordinance No. 968 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: Miskimen RE: UNIFORM SWIMMING POOL CODE 1967 EDITION - File 1-6 Chief Building Inspector, Jack Coates presented an ordinance which would adopt the 1967 edition of the Uniform Swimming Pool Code with certain changes to said code. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to have the City Clerk read the ordinance by title only. Motion was made by Councilman Jensen, seconded by Councilman Robbins, to pass the ordinance to print, and to set a public hearing on the matter for February 2nd, 1970. An ordinance amending Title 12 of the San Rafael Municipal Code by adopting by reference the "Uniform Swimming Pool Code", 1967 edition with certain changes to said code, and numbering Charter Ordinance No. 969 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: Miskimen RE: ANNUAL AUDIT - File 8-1 Copies of the report on examination of financial statements, City of San Rafael and Parking District No. 1 as prepared by Sleezer and Eckhoff were presented to the councilmen for their study. The matter of acceptance of the annual report was held over for two weeks. RE: TRAFFIC SIGNAL INSTALLATION - PALOMA AND LINCOLN AVENUE -PROJECT N0. 41-2019 (69-311-6) - File 4-1-159 Director of Public Works, Norris Rawles reported that due to a manufacturer's strike, the controller equipment for the installation of traffic signals at Paloma and Lincoln Avenue had not been delivered. He recommended that the request of Stenny & Mitchel, Inc. for a delay in starting the project be granted and suggested that he be authorized to contact the manufacturer to speed up delivery of the equipment. It was suggested by Mayor Bettini that the School Board be advised of the delay and requested to con- tinue bus service for the students until the installation is completed. Motion was made by Councilman Jensen, seconded by Councilman Robbins, to grant the request for a delay until not later than April lst, 1970. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PLANNING - GENERAL SERVICES ADMINISTRATION BUILDING LANDSCAPING - File 10-2 Planning Commission at their meeting of December 23rd recommended that the Council have the Mayor con- tact our Senators and Congressmen to request that they exert their influence to have landscaping in- stalled at the General Services Administration Building on Third and "D" Street, and to have the land- scape plans submitted to the City of San Rafael for its approval. The City Council agreed to send a letter to the General Services Administration with copies to our Senators and Congressmen. RE: FIRE STATION AND FIRE DEPARTMENT - File 12-2 Fire Chief, Vance Trivett addressed the council regarding the Fire Commission's request to purchase an additional Fire Engine for Station No. 3 in Terra Linda. He suggested that specifications be drawn soon as it will take fifteen to eighteeen months before delivery of the engine could be expected and because there is a great need for a second engine at Station No. 3 which must serve territory as far as six miles away. City Manager, James McCown was requested to advise the State Civil Defense office that we would be interested in a disaster snit pumper being assigned to this area. The Fire Chief was authorized to proceed with drawing up specifications for the new Fire Engine and to begin looking for a site for another fire station in the vicinity of Smith Ranch Road. RE: LAND - RIGHTS-OF-WAY - File 2-2 City Engineer, Ely Caillouette, Jr. exhibited a map to the council showing a parcel of land at the in- tersection of Woodland Avenue and Lovell Street (Assessor's Parcel #13-112-07). He explained that it was necessary to exchange approximately 1500 square feet of city roadway for approximately the same amount of private land in order to preserve the roadway alignment of Lovell Street. The City Council authorized the Public Works Department to proceed with this action. RE: PERSONNEL - PUBLIC WORKS DEPARTMENT - File 9-3-40 A report from Director of Public Works, Norris Rawles and City Engineer, Ely Caillouette, Jr. was pre- sented to the council outlining the work schedule for 1970 and requesting approval for additional per- sonnel. The various projects were discussed and the council requested that the exact status of the work being done by Coleman Associates be presented at the next council meeting. It was agreeable with the council that the Department of Public Works commence recruitment for two additional Assistant Civil En- gineers and the services of an engineering firm be used if additional help is required. RE: PERSONNEL - File 7-5 x 9-3-20 City Manager, James McCown reported that the selection of the Review Board for the position of Finance Director was John B. Averett. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that Mr. John B. Averett be appoint- ed Finance Director commencing January 5th, 1970 at the monthly salary of $1,150.00 per month. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen Motion was made by Counc'lman Jensen, seconded by Councilman Barbier, Diane Cervelli be placed on the re- gular payroll as Typist -Clerk 1 commencing December 1st, 1969 at the month salary of $453.00 (Range 4 - Step A) to fill existing vacancy. - File 7-5 Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PARKING - TRAFFIC HAZARD - File 11-8 The matter of the traffic hazard created by the construction of apartments at 237 Picnic Avenue was re- ferred to the Traffic Committee. RE: NORTHWESTERN PACIFIC RAILROAD COMPANY AGREEMENT - File 4-5-11 Director of Public Works, Norris Rawles reported that the Northwestern Pacific Railroad Company had agreed to permit the city's request to install a temporary 12'' drain pipe on Railroad property near the corner of Jacoby Street and Bellam Boulevard. Motion was made by Councilman Jensen, seconded by Councilman Robbins, the Mayor and City Clerk were authorized to sign the temporary agreement with the Railroad Company. Ayes: Councilmen: Sarbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: DRAINAGE AND FLOOD CONTROL - File 12-9' Director of Public Works, Norris Rawles reported that on a recent inspection trip he had noticed a variety of trash thrown into creeks and drainage ditches and wanted the council to be aware of the pro- blem as this had contributed to flooding in the recent heavy rainfall. The matter of placing more ''Dumping Prohibited'' signs or increasing the fine from $50.00 to $100.00 was discussed by the council. RE: POLICE DEPARTMENT - File 9-3-30 Chief of Police Joseph Brusatori reported that he is working on a program to have juveniles who are picked up for minor infractions of the law assigned to the Park Department, Fire Department or Public Works Department. Items Held Over: (a) Golf Course - File 12-15 (b) Court House Site - File 124 (c) Bond Issues for April Election - File 9-4 All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated January 5th, 1970, and Advice on Payroll dated January 5th, 1970, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 26,665.46 PARKS FUND 1,091.80 LIBRARY FUND 1,877.58 EQUIPMENT & REPLACEMENT FUND 1,610.11 STORES FUND 523.86 CAPITAL IMPROVEMENT FUND 4,831.66' PARKING DISTRICT NO. 1 FUND 807.35 $ 37, 07.82 Payroll: GENERAL FUND 101,342.04 PARKS FUND 3,579.00 LIBRARY FUND 3,906.50 $ 108,827-54 Council adjourned to Monday, January 19th, 1970. MARION A. GRADY, City Clerk Approved this 15�� day of 19 7v r � MAYOR OF THE CITY OF SAN RAFAEL In the Council Chanbers of the City of San Rafael, January 19th, 1970 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL. OF MINUTES Present: C. Paul Harry A Fred E. John A. Fred C. B ettini, Mayor Barbier, Councilman Jensen, Councilman Miskimen, Councilman Robbins, Jr., Councilman I Motion was made by Councilman Jensen, seconded by Councilman Robbins, the minutes of January 5th, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: APPEAL OF ARCHITECTURAL APPROVAL (AA68-75C) GIF PROPERTIES, INC., HOLIDAY INN SIGN - File 10-7 Public hearing was declared opened. The Marin Conservation League filed an appeal to the San Rafael City Council to reverse the action taken by the Planning Commission in approving the application of Holiday Inn to raise the height of their sign ten feet (to a total overall height of 35.2 feet). Planning Director Herbert Hotchner reported that the applicant had requested the additional height because the sign, at pre- sent, is blocked from the view of northbound traffic by the overpass, and it will dwarfed by new construc- tion of 120 additional units now underway. Mary Donnelly, Vice President of the Marin Conservation League addressed the council expressing concern about the visual effect of the higher sign, particularly as it is in the area of the Civic Center. It was noted that letters had been received from the Marin Conservation League, Outdoor Art Club of Mill Valley, the California Roadside Council, and Mrs. John R. Barnard object- ing to increasing the height of the sign. Mr. Richard Immel of Holiday Inn spoke of the need for raising the registered trademark sign to make it more visible from the highway. There being no other persons wish1ng to address the council, the Mayor declared the hearing closed. Motion was made by Councilman Barbier, seconded by Councilman Jensen, the appeal be denied and the Plann- ing Commission decision upheld. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: M,i.skimen Absent: Councilmen: None RE: SIDEWALKS - CURBS AND GUTTERS - File 11 - Director of Public Works, Norris Rawles reported to the council that in order to improve the undesirable drainage condition at Mr. Dresia's property, 280 Linden Lane, it will be necessary to improve the align- ment of the open channel in Linden Lane's right-of-way and thence remove the existing pipes under the driveways and increase to a proper size. It was moved and seconded, the Public Works Department be authorized to assist with men and equipment to enlarge the ditch, the expenditure not to be over $500.00, and the property owner to put in the pipe. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ANNUAL AUDIT - File 8-1 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to accept the audit for fiscal year 1968-1969 as prepared by Sleezer & Eckhoff. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ONE (1) 1970 TON AND ONE-HALF DUMP TRUCK CAB AND CHASSIS - File 4-2-84 Motion was made by Councilman Jensen, seconded by Councilman Barbier, Resolution No. 3855 be adopted. RESOLUTION NO. 3855 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUC- TIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR ONE (1) 1970 MODEL GASOLINE MOTORIZED HEAVY DUTY TRUCK CHASSIS AND CAB. (Bid Opening 8:00 P.M. Monday, February 2nd, 1970) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: VEHICLES FOR HIRE -AMENDING SECTION 10.60.130 - File 9-9 City Attorney, David Menary, Jr. presented an ordinance changing references to California Vehicle Code Sections by amending Municipal Code Section 10.60.130. An ordinance amending the references to the California Vehicle Code, and numbering Charter Ordinance No. 970 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: INVESTMENT COMMITTEE - File 9-2-13 City Manager, James McCown, discussed with the council, the formation of an investment committee comprised of the City Manager, City Treasurer and Finance Director in accordance with the Auditor's recommendation. The purpose of this committee would be to investigate securites market to determine the most advantageous type of investment to be made by the city. RESOLUTION NO. 3856 - RESOLUTION DELEGATING AUTHORITY TO INVEST OR REINVEST FUNDS OF CITY TO CITY TREASURER AND CREATING AN INVESTMENT COMMITTEE. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: JOINT POWERS AGREEMENT - COUNTY OF MARIN, SOUTH SAN PEDRO ROAD = PHASE IV - File 4-13-14 Director of Public Works, Norris Rawles reported on a letter received from the County of Marin, Depart- ment of Public Works. He and City Manager, James McCown recommend that the Agreement be extended for a period of two years minimum for the completion of Phase IV of the Point San Pedro Road Widening. The Director of Public Works was authorized to proceed as outlined. RE: PARKING & PARKING LIMITS - RITTER STREET, LINCOLN AVENUE TO THIRD STREET - File 11-8 Director of Public Works, Norris Rawles requested that parking limit be set on Ritter Street, Lincoln Avenue to Third Street. The limit to be the same as other streets in the area. RESOLUTION NO. 3857 - A RESOLUTION DESIGNATING AND DESCRIBING TWO (2) HOUR PARKING AREAS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GLENWOOD KNOLLS SUBDIVISION - File 5-1-199 Director of Public Works, Norris Rawles recommended granting the request of Lending Agency & Title Com- pany on behalf of prospective purchasers that the existing one foot non -access strips over the stub streets known as Hazelwood Drive, Lockwood Drive and Lockwood Drive West, imposed as a condition to the approval and recordation of the final map of Glenwood Knolls be removed. RESOLUTION NO. 3858 - RESOLUTION REMOVING ONE (1) FOOT NON -ACCESS STRIPTS FROM THE NORTHERLY TERMINI OF LOCKWOOD DRIVE, LOCKWOOD DRIVE WEST AND HAZELWOOD DRIVE IN GLENWOOD SUB- DIVISIONS NOS. 4 AND 5A. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: ENCROACHMENT PERMIT - HERCULES VIGLIENZONE, 475 FRANCISCO BOULEVARD - File 2-11 Director of Public Works, Norris Rawles recommended approval of an encroachment permit for Hercules Viglienzone, owner of the new Marin Bay auto dealership to be constructed at 475 Francisco Boulevard to permit the erection of one sign in the public right-of-way at the southwest corner of their property on Francisco Boulevard. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Encrrachment Permit No. 188 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: SANITARY SEWER SYSTEM - AGREEMENT FOR ENGINEERING - File 4-3-40 x 12-6 Mr. Dominic Selmi, representative of Coleman Associates, Engineers, submitted a report showing the per- centage of completion on Phase I, II and III of the plans for upgrading the city's sanitary sewer system and the target date for putting the projects to bid. Mrs. Jacobsen of the Coleman P.T.A., addressed the council regarding the problem of sewerage overflow on Watt Avenue and on Grand between Belle and Olive, and was assured that construction of Phases II and III in the area of Grand Avenue at Second and Third will relieve the situation in Coleman School area. RE: PLANNING COMMISSION - File 9-2-6 Motion was made by Councilman Jensen, seconded by Councilm an Miskimen, to accept the resignation of Pat Netherton from the Planning Commission with regrets and a Civic Award be presented to him for his service. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: PUBLIC UTILITIES COMMISSION NOTICE OF HEARING - File 9-11-5 Notice of hearing of an increase in Marin area -commutation fares from West Division of Greyhound Lines, Inc. was noted. RE: CLAIM FOR PERSONAL INJURIES - KAREN SILVA - File 3-1 Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the claim of Norman F. Silva for his daughter Karen Silva for personal injuries suffered at the locker room of Terra Linda High School be denied and referred to the city's insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Counc'lmen: None RE: CLAIMS FOR PROPERTY DAMAGE - File Motion was made by Councilman Barbier, seconded by Councilman Jensen, that the following claims be denied and referred to the city's insurance carrier. Mrs. Raymond Cerutti - 7 Marin Street - Broken water line. Edwin T. Caldwell - 72 De La Guerra Street - damages to swimming pool, miscellaneous damages to interior wall and wall to wall carpet, floor tile and radiant heating system and furnishings. Harvey G. Murch - 5 Coleman Drive - damages to fence from falling tree limbs. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Robbins, to place the following personnel on the regular payroll: (a) William Springborn as a Fireman commencing January 16, 1970 at the monthly salary of $739.00, Range 14-A, to fill existing vacancy. (b) Michael G. Bunker as Radio Telephone Operator commencing February 1, 1970 at the monthly salary of $608.00, Range 10-A, to fill existing vacancy. (c) Robert G. Hendel as Police Cadet, commencing February 1st, 1970 at the monthly salary of $431.00, Range 3-A, to fill existing vacancy. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - JOB DESCRIPTION - File 7-3 Chief of Police, Joseph Brusatori requested the job description for the position of Police Sergeant be amended to require three years of experience as a Police Officer of San Rafael rather than five years as presently stated. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, that job description be amended as requested. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent; Councilmen: None RE: AGREEMENT - COUNTY OF MARIN - COURT HOUSE PROPERTY - File 4-13-20 City Manager, James McCown presented an Agreement with the County of Marin for supervision and maintenance of the grounds of the County Court House. RESOLUTION NO. 3859 - RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO SIGN AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Non e RE: MARIN COUNTY MOSQUITO ABATEMENT DISTRICT BOARD - File 9-2-9 Motion was made by Councilman Jensen, seconded by Councilman Barbier, Mr. Paul DiPietro be appointed a Trustee to the Board of the Marin County Mosquito Abatement District for the years 1970 and 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: COMMENDATION - POLICE DEPARTMENT AND STREET DEPARTMENT - File 102 Councilman Robbins commended Chief Joseph Brusatori and Lt. Bleasdale and members of the Police Department for the fine job they are doing in maintaining order and protecting citizenry in the strike which exists in San Rafael. The council asked Chief Brusatori to convey their appreciation to the men in his depart- ment. Councilman Jensen commended the Public Works Department and Street Crews for the hours they have put in during the recent storm. Councilman Jensen moved that the Street Department men be given a 3% increase in salary as of January 16th. There being no second to the motion, the matter was concluded with the suggestion that it be dis- cussed at the time of the budget session. RE: FRANCISCO BOULEVARD PROPERTY - File 2-1-5 City Attorney, David Menary, Jr. was authorized to negotiate with George Dexter for an extension to May lst for close of escrow on purchase of the Francisco Boulevard property All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated January 19th, 1970, and Adv ice on Payroll dated January 20th, 1970, and now on file in the Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 19,724.24 PARKS FUND 1,121.73 LIBRARY FUND 2,589.34 EMPLOYEE RETIREMENT FUND 32,907.80 EQUIPMENT & REPLACEMENT 3,920.15 STORES FUND 28.35 CAPITAL IMPROVEMENT FUND 1,713.47 GAS TAX FUND 26,181.87 PARKING DISTRICT NO. 1 FUND 125.00 SALES TAX DEPOSIT 45.08 $ 88,357-03 Payroll: GENERAL FUND 94,234.85 PARKS FUND 3,931.00 LIBRARY FUND 4,043.13 $ 102,208.98 Council adjourned. Items'HELD OVER: Golf Course - File 12-15 MARION A. GRADY, City Cler` Approved this cl�o ee day of ;�� , 19 yo Id%C MAYOR OF THE CITr OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, February 2nd, 1970 at 8:00 P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilmao Fred C. Robbins, Jr., Councilman Absent: John A. Miskimen, Councilman I Motion was made by Councilman Jensen, seconded by Councilman Robbins, the minutes of January 19th, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: ONE (1) 1970 TON AND ONE-HALF DUMP TRUCK CAB AND CHASSIS - File 4-2-84 The following bid was received, opened and read: DeLong Chevrolet Company $ 3,487.58 Motion was made by Councilman Jensen, seconded by Councilman Robbins, the bid be referred to the City Manager, and the Shop Foreman, and it it meets their specifications, the bid be accepted.. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: UNIFORM SWIMMING POOL CODE 1967 EDITION - File 1-6-5 Public hearing held over to the meeting of March 2nd, 1970. RE: PRESENTATION OF CIVIC AWARD TO PAT HETHERTON - File 9-2-6 Mayor Bettini presented a Civic Award to Pat Hetherton, former member of the San RafselPlanning Commission, thanking him for a job well done and wishing him a very happy retirement. The other members of the coun- cil also expressed their appreciation and best wishes. RE: VEHICLES FOR HIRE - AMENDING SECTION 10.60.130 - File 9-9 CHARTER ORDINANCE NO. 970 - An ordinance amending the references to the California Vehicle Code, and numbering Charter Ordinance No. 970 was passed and adopted as an ordinance of the City of San Rafa6j by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ELECTRICAL PERMIT FEES - File 1-6-2 Chief Building Inspector Jack Coates explained that the 1968 Uniform Electrical Code requires electrical permit fees be set by resolution. He also stated that it was desirable that the electrical permit fees be made uniform throughout the county. Motion was made by Councilman Robbins, seconded by Councilman Barbier, Resolution fixing electrical fees be adopted. RESOLUTION NO. 3860 - RESOLUTION FIXING ELECTRICAL PERMIT FEES. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: DRAINAGE AND SANITARY SEWER IMPROVEMENTS - CITY PROJECT 42-2007 (69.118-4) - File 4-1-158 Director of Public Works Norris Rawles stated that the contractor, Forde Construction Company requests an extension of time to March 3rd, 1970 due to inclement weather and he recommended that the extension of time be granted. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Resolution No. 3861 be adopted. RESOLUTION NO. 3861 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: NEW FRONTAGE ROAD - SOUTHBOUND ON-RAMP PARALLEL TO NEW "101" VIADUCT - File 11-16 Director of Public Works Norris Rawles reported that Murphy Pacific Company constructing the new 101 via- duct has asked that the City not accept the on-ramp until March 9, 1970 as they are occupying it as a work area. This was acceptable to the council who also recommended that a letter be written to the State Division of Highways expressing thanks for the cooperation they have shown in the construction of the highway, for the good design work, and for placing the foot path at the Puerto Suello Hill and also com- mending the resident Engineer for his cooperation. RE: JOINT POWERS AGREEMENT - COUNTY OF MARIN - File 4-13-21 Director of Public Works Norris Rawles reported that this was a modifying and improving of the existing traffic signal system at Manuel T. Freitas Parkway and Las Gallinas Avenue and was a budgeted item. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Resolution No. 3863 authorizing Mayor and Clerk to sign Joint Powers Agreement with County of Marin be adopted. RESOLUTION NO. 3863 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: FRANCISCO BOULEVARD PROPERTY - File 2-1-5 City Attorney, David Menary, Jr. presented an addendum to the Agreement with George H. Dexter, Jr. and Geraldine Dexter wherein a closing of the escrow will be delayed until April 1st, 1970 and the sum of $16,000.00 for a real estate commission be payable now. Motion was made by Councilman Robbins, seconded by Councilman Barbier, Resolution No. 3862 be adopted. RESOLUTION NO. 3862 - RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ADDENDUM TO AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: Miskimen An ordinance of the City of San Rafael amending the sale and conveyance of real property to George H. Dexter, Jr. and Geraldine Dexter, and numbering Charter Ordinance No. 971 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: Miskimen RE: SPECIAL MUNICIPAL ELECTION 1970 - File 9-4 City Manager, James McCown presented a report of the cost involved in the projects proposed for the Bond Election for the June 2nd ballot. The Council agreed to the placing of the following proposals on the ballot and authorized City Attorney, David Menary, Jr. to proceed with the necessary resolution: Upgrad- ing of the Sanitary Sewer System, Construction of Recreation Center and Fire Station. Also discussed was the possibility of amending the Charter in order to remove the $1,000.00 limitation for advertising, eliminating the position of Health Officer from the Charter and amending the Charter to make the position of Chief of Police, Treawre�,iy Attorney-end—Ci-t.y—Clerk- appointed rather than elected. RE: ABATEMENT OF DILAPIDATED BUILDINGS - File 3-3 City Council accepted the report of Chief Building Inspector, Jack Coates regarding the removal of two dilapidated buildings over creek, one was removed by the owner, the other was ordered removed as a hazard. The m=tter was held over to the meeting of February 16th for a report of the cost of removal of the build- ing. RE: CHAMBER OF COMMERCE - File 119 A letter from the San Rafael Chamber of Commerce requesting $1,000.00 from the City of San Rafael was referred to the City Manager to determine if the amount was available in the budget. City Manager, James McCown was asked to report at the next meeting. RE: PLANNING COMMISSION - File 9-2-6 A letter from Willis K. Elliott requesting consideration as a member of the Planning Commission was held over for two weeks to permit other interested applicants to make themselves known. RE: CLAIM PACIFIC GAS & ELECTRIC COMPANY - STORM DAMAGE - File 3-1 Claim of Pacific Gas & Electric Company for $172.00 for one-half the bill to the Sohner Tree Service for clearing a tree at 45 Wolfe Avenue was presented. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the claim be denied and referred to the City's insurance carrier. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: CITY -COUNTY PLANNING COMMITTEE - File 9-2-10 X 4-13-24 Mayor Bettini suggested that consideration be given to joining the City -County Planning Commission at this time. The matter was held over to the meeting of February 16th, 1970. Items Held Over: (a) Golf Course - File 12-15 (b) Court House - File 124 11 - All . - All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated February 2nd, 1970, and Advice on Payroll dated February 5th, 1970, and now on file in Finance Office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 31,419.39 PARKS FUND 675.05 dIBRARY FUND 1,297.31 EQUIPMENT & REPLACEMENT FUND 8,149.91 STORES FUND 179.84 CAPITAL IMPROVEMENT FUND 9,335.53 PARKING DIST. NO. ONE FUND 1,000.70 $ 52,057.73 Payrol 1 : GENERAL FUND PARKS FUND LIBRARY FUND Council adjourned to Monday, February 16th, 1970. 101,534.33 4,283.00 4,139.63 $ 109,956.96 MARION A. GRADY,City Clerfk Approved this /(--/ 'XL day of JCC- , 19 Zo �. MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, February 16th, 1970 at 8:00 P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Motion was made by Councilman Jensen, seconded by Councilman Robbins, the minutes of February 2nd, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE. PETITIONS, MISCELLANEOUS - File 101 Mr. Alfred H. Hanson, Business Representative of the Operating Engineers Local Union No. 3 addressed the council asking their help in ending the labor dispute between Independent Journal and the Typographical workers. The Council informed him that they would help in any way that they could and would welcome suggestions. Mr. Larry Biancalana representing the San Rafael Chamber of Commerce read a letter which had been sent to the Chamber members and business merchants of San Rafael condemning the acts of vandalism, and offer- ing a $1500 reward. He added his personal commendation to the San Rafael Police Department for their handl- ing of the situation in last Saturday's demonstration. RE: FRANCISCO BOULEVARD PROPERTY - File 2-1-5 CHARTER ORDINANCE NO. 971 - An ordinance amending the sale and conveyance of real property to George H. Dexter, Jr., and Geraldine Dexter, and numbering Charter Ordinance No. 971 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ANIMALS - File 13-3 City Manager, James McCown briefed the council on an ordinance which has been prepared to update the pre- sent animal control ordinance. Councilman Miskimen suggested that copies of the proposed ordinance be made available through the City Manager's office and a public hearing be held on March the 2nd at 8:00 P. M. RE: SUBDIVISION OF PROPERTY 26-28 WOODLAND AVENUE - File 10-2 Planning Director, Herbert Hotchner explained that the lot at 26-28 Woodl,and Avenue was to be split down the middle to divide the ownership and that the covenants with the land were requirements for underground utilities which must be put in within a year or would be done by the City. Motion was made by Councilman Robbins, seconded by Councilman Barbier, Resolution No. 3864 be adopted. RESOLUTION NO. 3864 - RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN COVENANTS RUNNING WITH THE LAND AT 26-28 WOODLAND AVENUE. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLOSING AND ABANDONMENT OF PORTION OF LOVELL AVENUE OFF WOODLAND AVENUE - File 3-5 Director of Public Works Norris Rawles stated that this was in connection with the exchange of property on Lovell Avenue which had previously been approved by the council. Motion was made by Councilman Robbins, seconded by Councilman Jensen, Resolution of Intention to Order Vacation of Part of Lovell Avenue be adopted, and a public hearing be set for March 16th at 8:00 o'clock P.M. RESOLUTION NO. 3865 - RESOLUTION OF INTENTION TO ORDER VACATION OF PART OF PUBLIC STREET. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: STREET NAMING - File 11-2 Planning Director Herbert Hotchner reported that the Planning Commission had unanimously recommended that the new frontage road on the west side of Highway '101',from off -ramp on Mission Avenue to on-ramp at Second Street be named "Netherton Street". Motion was made by Councilman Robbins, seconded by Councilman Miskimen that the street be named "Netherton Street". Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: STREET TREES AND SHRUBS - File 11-6 Motion was made by Councilman Robbins, seconded by Councilman Jensen, Ordinance placing street trees I el under jurisdiction of the Public Works Department be adopted. An ordinance of the City of San Rafael placing trees under the jurisdiction of the Public Works Depart- ment, and numbering Charter Ordinance No. 972 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CHARITABLE SOLICITATIONS - File 13-8-1 City Manager, James McCown presented an ordinance providing for the regulation and stricter control of charitable solicitation within the City. The ordinance places the responsibility for investigating the organization with the Police Department and a fee of $25.00 for processing. Mr. Charles R. Thurber of the Better Business Bureau of San Francisco addressed the council and stated that his organization was making a study of a similar ordinance in San Francisco, and would have recommendations soon regarding that ordi- nance. Motion was made by Councilman Jensen, seconded by Councilman Robbins, the ordinance be passed to print with the modification that a section be added providing for the waiver of fees. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None An ordinance providing for the regulation of charitable solicitations, and numbering Charter Ordinance No. 973 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TAXES AND TAXATION - File 9-12 Ordinance amending Section 3.22.050 of the Municipal Code providing an exemption from Documentary Stamp Tax for Public Agencies was presented by City Attorney, David Menary, Jr. for the purpose of conforming with Section 11922 of the Revenue and Taxation Code. An ordinance providing an exemption from Documentary Stamp Tax for Public Agencies, and numbering Charter Ordinance No. 974 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: none RE: TAXICABS AND AUTOMOBILES FOR HIRE - File 9-9 An ordinance prohibiting the increase in passenger fares without the consent of the City Council, and numbering Charter Ordinance No. 975 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CITY-COUNTY•PLANNING COUNCIL - File 9-2-10 x 4-13-24 The matter of joining the City -County Planning Council was discussed. Moved and seconded, the Mayor and City Clerk be authorized to sign Agreement. RESOLUTION NO. 3866 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None M(btion was made by Councilman Barbier, seconded by Councilman Miskimen, Joe Garbarino be appointed as the Planning Commission member of the City -County Planning Council. Motion was made by Councilman Barbier, seconded by Councilman Jensen, that Fred Robbins, Jr., be appoint- ed as the Council member of the City -County Planning Council. Motion was made by Councilman Miskimen, seconded by Councilman Jensen, Mr. Lawrence Mulryan and Mr. James Dougan designated as alternates to the City -County Planning Council. Planning Director Herbert Hotchner was requested to continue to participate in the program. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PLANNING COMMISSION - File 9-2-6— Motion was made by Councilman Jensen, seconded by Councilman Barbier, Mr. Jorgen Lunding be appointed to the Planning Commission to fill the unexpired term of Pat Hetherton. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ABATEMENT OF DILAPIDATED BUILDINGS - File 3-3 Matter was continued to the meeting of March 2nd, 1970 for a report on the cost of removal of certain dilapidated buildings. RE: CHAMBER OF COMMERCE - File 119 City Manager, James McCown reported that there is still the sum of $1,000.00 in the budget for advertis- ing. He reported that he would study the Chamber of Commerce program and make a recommendation at the meeting of March 2nd regarding the expenditure of this sum. Councilman Robbins, Jr. left the meeting. RE: CLAIM FOR PROPERTY DAMAGE - File 3-1 The claim of Mrs. Grace Geist for damages to personal property while City trees were being trimmed near her home during January 1970 was presented to the council. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the claim be denied and referred to the city's insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councllmen: None Absent: Councilmen: Robbins Councilman Robbins, Jr. returned to the meeting. RE: MUNICIPAL GOLF COURSE - File 12-15 City Manager, James McCown made an extensive report on the activity in connection with the proposed Golf Course including his meeting with Mr. Jack Dooling and Mr. MacPhee and also discussions with Mr. Smith re- garding the purchase of the Smith Ranch. Councilman Miskimen suggested that this item be put on the agenda for March 2nd in order that a final decision can be made relative to proceeding with this project. RE: ZONING MAP - File 10-1 Planning Director Herbert Hotchner announced that there is a new 1'' =800' zoning map now available for purchase. RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, Johnie Lawrence Cummins be employed as a Tree Climber, Range II Step A, $638.00 per month commencing March 1st, 1970. Ayes: Councilmen: Barbier, Jensen, Miskimen,Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL LITTLE LEAGUE - File 104 City Attorney, David Menary, Jr. invited the Mayor and the City Council to take part in the San Rafael Little League parade on April 25th at 9:30 a.m. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated February 16th; 1970, and Advice on Payroll dated February 20th, 1970, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT FUND EQUIPMENT & REPLACEMENT FUND STORES FUND CAPITAL IMPROVEMENT FUND PARKING DIST. NO. 1 FUND Payroll: Council adjourned. GENERAL FUND PARKS FUND LIBRARY FUND $ 53,496.32 453.34 3,184.14 22,220.03 3,350.01 685.06 14,121.61 175.40 $ 97,685-91 91,100.78 4,283.00 3,945.35 $ 99,329.13 MARION A. GRADY, City Clerk,%' Approved this day of i, 19 A�a MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, March 2nd, 1970 at 8:00 P. M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Absent: Harry A. Barbier, Councilman RE: APPROVAL OF MINUTES Ib Motion was made by Councilman Jensen, seconded by Councilman Robbins, the minutes of February 16th, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - UNIFORM SWIMMING POOL CODE 1967 EDITION - File 1-6-5 Mayor Bettini declared the public hearing open. Chief Building Inspector, Jack Coates stated that this is a continuance from the January hearing. There being no one present wishing to address the council, either for or against the adoption of the Uniform Swimming Pool Code, the Mayor declared the hearing closed. CHARTER ORDINANCE NO. 969 - AN ORDINANCE ADOPTING BY REFERENCE THE "UNIFORM SWIMMING POOL CODE, 1967 EDITION WITH CERTAIN CHANGES TO SAID CODE, AND NUMBERING CHARTER ORDINANCE NO. 969 WAS PASSED AND ADOPTED AS AN ORDINANCE OF THE CITY OF SAN RAFAEL BY THE FOLLOWING VOTE, TO -WIT: Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen:None Absent: Councilmen: Barbier RE: PUBLIC HEARING - ANIMALS - File 13-3 Public hearing was declared open. The Mayor addressed the large audience present in this matter stating that he and the council had an opportunity of reviewing the proposed ordinance and had also heard from many people regarding its deficiencies. Also, it appeared that many people were under the impression that the City intended to ban horses in San Rafael when actually, the intent is to regulate the keeping of animals. He suggested appointing a committee composed of the City Manager, Planning Director, and the City Attorney and two or three interested people from San Rafael. A number of persons addressed the council requesting appointment to the committee and it was suggested that they contact the City Manager to leave their names and a committee would ig- e appointed within a week. The matter was carried over to the meeting of April 6th, 1970. RE: LABOR DISPUTE - INDEPENDENT JOURNAL AND SAN FRANCISCO TYPOGRAPHICAL UNION #21 - File 101 Mr. Charles Weirs, Secretary of the Labor Council introduced Mr. Wayne Beason, attorney for San Francisco Typographical Union #21, who addressed the council requesting their assistance in asking both sides in this dispute to meet in good faith. He indciated that the dispute could continue for sometime and be a troublesome thing to the community unless something is done to resolve the differences. He also stated that the Typographical Union was ready to submit to outside arbitration but that it was necessary for both sides to meet in meaningful discussions for good faith collective bargaining. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, a resolution be adopted asking the Typographical Union and the San Rafael Independent to meet to settle their differences. RESOLUTION NO. 3868 - RESOLUTION REQUESTING BARGAINING IN GOOD FAITH Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: STREET TREES AND SHRUBS - C. 0. #972 - Final Adoption - File 11-6 CHARTER ORDINANCE NO. 972 - AN ORDINANCE OF THE CITY OF SAN RAFAEL PLACING STREET TREES UNDER THE JURISDICTION OF THE PUBLIC WORKS DEPARTMENT, AND NUMBERING CHARTER ORDINANCE NO. 972 WAS PASSED AND ADOPTED AS AN ORDINANCE OF THE CITY OF SAN RAFAEL BY THE FOLLOWING VOTE, TO -WIT: Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: CHARITABLE SOLICITATIONS - C. 0. #973 - Final Adoption - File 13-8-1 CHARTER ORDINANCE NO. 973 - Aro ORDINANCE PROVIDING FOR THE REGULATION OF CHARITABLE SOLICITATIONS, AND NUMBERING CHARTER ORDINANCE NO. 973 WAS PASSED AND ADOPTED AS AN ORDINANCE OF THE CITY OF SAN RAFAEL BY THE FOLLOWING VOTE, TO -WIT: Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: TAXES AND TAXATION - C. 0. #974 - Final Adoption - File 9-12 CHARTER ORDINANCE NO. 974 - AN ORDINANCE PROVIDING AN EXEMPTION FROM DOCUMENTARY STAMP TAX FOR PUBLIC AGENCIES, AND NUMBERING CHARTER ORDINANCE NO. 974 WAS PASSED AND ADOPTED AS AN ORDINANCE OF THE CITY OF SAN RAFAEL BY THE FOLLOWING VOTE, TO -WIT: Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: TAXICAB S AND AUTOMOBILES FOR HIRE - C. 0. #975 - Final Adoption - File 9-9 CHARTER ORDINANCE NO. 975 - AN ORDINANCE PROHIBITING THE INCREASE IN PASSENGER FARES WITHOUT THE CONSENT OF THE CITY COUNCIL, AND NUMBERING CHARTER ORDINANCE NO. 975 WAS PASSED AND ADOPTED AS AN ORDINANCE OF THE CITY OF SAN RAFAEL BY THE FOLLOWING VOTE, TO -WIT: Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barb ier RE: MUNICIPAL GOLF COURSE - File 12-15 City Manager, James McCown reported that he had no response from the proponents of the Municipal Golf Course and was requested to contact them again, and indicate that the council wanted to know the present status of the project. Mr. Norman Higby and Mr. Orlando Conti addressed the council in this matter. A letter was read from Councilman Harry Barbier expressing a doubt in his mind whether or not the city should go through with the project and indicating that he would change his vote to let the voters decide whether or not they want a golf course. Mr. William Conner addressed the council urging them to put the matter to a vote of the people. Councilman Fred Jensen promised that he would personally finance a re- ferendum to put the matter to a vote to the people. RE: CHAMBER OF COMMERCE - File 119 City Manager, James McCown reported that he had reviewed the Chamber of Commerce program and recommended that the City Council favorably consider their request for $1,000.00 for advertising purposes. Motion was made by Counciman Jensen, seconded by Councilman Robbins, that the City Attorney draw up a contract with the Chamber of Commerce for advertising. Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: APPOINTMENT OF DEPUTY CITY CLERK - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that the appointment of Renee J. Burdlsso as Deputy City Clerk be confirmed. Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: LIBRARY IMPROVEMENT AND DEVELOPMENT - File 12-8 x 4-3-41 Mrs. Eleanor Murray, President of the San Rafael Library Board addressed the council and recommended that the firm, Consulting Organization, be retained to conduct the first phase of the Library develop- ment. Motion was made by Councilman Miskimen, seconded by Councilman Robbins, the Library Board decision be confirmed and the Mayor and City Clerk be authorized to sign the Agreement with the consulting firm. RESOLUTION NO. 3869 - RESOLUTION AUTHORIZING MAYOR AND CLERK TO SIGN AGREEMENT. Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: AGREEMENT - NORTHWESTERN PACIFIC RAILROAD COMPANY - FIRE ALARM CIRCUIT - File 4-5-10 City Manager, James McCown reported that this is an agreement which would allow the City to route Fire Alarm Circuit through the railroad tunnel through Puerto Suello Hill. Motion was made by Councilman Jensen, seconded by Councilman Robbins, that the Mayor and City Clerk be authorized to sign an Agreement. RESOLUTION NO. 3870 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier 1Y RE: VEHICLES FOR HIRE - File 9-9 City Attorney, David Menary, Jr. presented an ordinance correcting reference to Code Section which was repealed when the new Business License Ordinance was adopted. Motion was made by Councilman Robbins, seconded by Councilman Miskimen, Ordinance No. 976 passed to print. An ordinance correcting reference to Code Section which pertains to the issuance of a taxi license, and numbering Charter Ordinance No. 976 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: PERSONNEL - File 7-4 Motion was made by Councilman Robbins, seconded by Councilman Miskimen, the City Manager is the authoriz- ed bargaining officer of the City Council, Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier A letter from the San Rafael Employees Association asking for either formal or informal recognition was referred to the City Attorney. City Manager, James McCown was requested to acknowledge the letter to the City Employees Association. The matter was carried over to the next agenda. RE: ONE (1) ELECTRONIC ACCOUNTING COMPUTER FEATURING THE USE OF THE MAGNETIC LEDGER CONCEPT - File 4-2-85 Motion was made by Councilman Jensen, seconded by Councilman Robbins, Resolution No. 3871 be adopted. RESOLUTION NO. 3871 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR ONE (1) ELECTRONIC ACCOUNTING COMPUTER FEATURING THE USE OF THE MAGNETIC LEDGER CONCEPT. Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier Bid Opening 8:00 P.M., Monday, March 16th, 1970. RE: ABATEMENT OF DILAPIDATED BUILDINGS - File 3-3 Chief Building Inspector, Jack Coates reported on the cost of removal of a dilapidated garage spanning the creek at 513 "B" Street. The property owner had been advised that the building was in danger of falling into the creek which would create flooding and was notified that the building must be removed in five days. When the condition became more hazardous,the Director of Public Works, City Attorney, and the Building Inspector agreed to proceed immediately to have the building removed which was done at a cost of $380.00. Mr. Douglas Ascher, owner of the property addressed the council objecting to paying the entire cost as the city had removed the building without giving him enough time to remove it him- self. Motion was made by Councilman Miskimen, seconded by Councilman Jensen, half of the $380.00 contractors fee and $30.00 engineering fee be borne by the City of San Rafael. Ayes: Councilmen: Jensen, Miskimen,Robbins, and Mayor Bettini Noes: Councilmen: none Absent: Councilmen: Barbier RE: PERSONNEL - File 7-6-Y-7-3 Motion was made by Councilman Jensen, seconded by Councilman Robbins, the following promotionswere made in the Police Department: (a) Captain Thomas Stephenson (b) Lieutenant James Carlton (c) Sergeant Kenneth Homen Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that James W. Mann be placed on the regular payroll as Police Cadet commencing February 22, 1970 at the monthly salary of $431.00, Range 3, Step A, to fill existing vacancy. Ayes:Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes:Councilmen: None Absent: Councilmen: Barbier RE: TRAFFIC SIGNALS - File 11-10 City Manager, James McCown requested that the council authorize the expenditure of $4,00000 from the unappropriated reserve to purchase additional parts for the City Traffic Lights. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the sum of $4,000.00 be appropriated for this item. Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen. None Absent Councilmen: Barbier RE: SAN RAFAEL CANAL - File 12-10 City Manager, James McCown reported that the owner of the houseboat which is on city property and an obstruction in the canal and been requestdd to move the houseboat. Motion was made by Councilman Robbins, seconded by Councilman Jensen, that the City Attorney take the necessary legal steps to have the boat moved and that the City Manager contact the Coast Guard and the Army Corps of Erfg icneeers for their cooperation. RE: INVESTMENT COMMITTEE - File 9-2-13 Councilman Miskimen suggested that the City Manager review the work of the new Investment Committee with the City Council in the future when some policy changes might be made. RE: BOYS CLUB OF AMERICA - File 133 Mayor Bettini reported that he had been contacted by a group of interested citizens regarding establishing the Boys Club of America in San Rafael. RE: SIDEWALKS, CURBS AND GUTTERS - File 11-7 A petition from property owners on Delores Street in the Bret Harte area to correct the condition of gutters which have settled allowing water to stand and become stagnant was presented. Director of Public Works, Norris Rawles reported that this area was built on filled ground and had settled over the past years. He estimates that $2,000.00 will be needed to repair sidewalks, curbs and gutters to bring them up to grade and recommends that the council consider placing the matter in the Capital Improvement Budget. The council suggested that the petition be acknowledged and that the matter be considered in the Capital Improvement Budget. Also to be considered at that same time is the situation of curbs and gutters on Knight Drive. RE: SIDEWALKS, CURBS AND GUTTERS - BUNGALOW AVENUE BETWEEN PICNIC AND WOODLAND - File 11-7 Mayor Bettini called attention to the condition of the deep gutters on Bungalow Avenue between Picnic and Woodland Avenues and requested Director of Public Works, Norris Rawles to study the situation in the next couple of months, estimate the cost and find out if the owners of the property are willing to parti- cipate in the cost of correcting the problem. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated March 2nd, 1970, and Advice on Payroll dated March 5th, 1970, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EQUIPMENT & REPLACEMENT FUND STORES FUND CAPITAL IMPROVEMENT FUND PARKING DISTRICT #1 FUND PUBLIC SERVICE DEPOSITS Pay r6l I : GENERAL FUND PARKS FUND LIBRARY FUND Council adjourned to Monday,Macch 16th, 1970. $ 10,486.22 131.25 1,056.51 2,424.42 138.08 10,761.89 500.00 350.00 $ 25,8 8.37 $101,055.68 4,283.00 3,970.95 $ 109,309. 3 MARION A. GRADY, City Cletk Approved this /6 74- day of 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, March 16th, 1970 at 8:00 P. M. Regular Meeting: Present: C. Paul Bettini, Mayor Harry A. Barb ier, Councilman Fred E. Jensen, Coucilman Fred C. Robbins, Jr., Councilman Absent: John A. Miskimen, Councilman RE: APPROVALOF MINUTES 119 Motion was made by Councilman Jensen, seconded by Councilman Robbins, the minutes of March 2nd, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: OPENING OF BIDS - ONE (1) ELECTRONIC ACCOUNTING C OMPUTER - File 4-2-85 The following bid was received and opened. Burroughs Corporation $ 19,979.01 City Manager, James McCown and Finance Director, John Averett reviewed the bid and recommended that it be accepted. Motion was made by Councilman Jensen, seconded by Councilman Robbins, that the bid of Burroughs Corpora- tion be accepted. RESOLUTION NO. 3881 - RESOLUTION AWARDING BID FOR ONE (1) ELECTRONIC ACCOUNTING COMPUTER FEATURING THE USE OF THE MAGNETIC LEDGER CONCEPT. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ZONING ORDINANCE AMENDMENT - HANSON ANNEXATION - File 10 - Public hearing was declared open. Planning Director, Herbert G. Hotchner explained that at the time these properties were annexed to the City they ceased to be zoned residential and became unclassified. This zoning action is to pu, them back into the zoning which is comparable to that which existed under the County zoning. At the Planning Commission hearing only favorable commencts were received. The public hearing was declared closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Sec- tion 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from "U" (Unclassified) District to R -1-B-4 (Single Family Residential, minimum lot size one acre) Dis- trict, and numbering Charter Ordinance No. 979 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barb ier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ZONING ORDINANCE AMENDMENT - MISKIMEN ANNEXATION AND CROKER-HILL ANNEXATION - File 10 - Public hearing was declared open. Planning Director, Herbert G. Hotchner,explained to the council that the property of John Miskimen and Rolfe C. Croker when annexed to the City became an unclassified zoning and the proposedR-1 zoning was similar to the previous county zoning. The third parcel annexed in the Croker-Hill Annexation belonging to Mrs. Adeline Vol pone, 185 Oak Drive was excluded as there is a ques- tion as to the legality of the annexation. The council questioned the date of the subdivision of the Croker lot which is less than one acre and could not be used as a building site if it was divided after 1951. The matter was continued until the next meeting for further investigation. RE: ZONING ORDINANCE AMENDMENT - SECTION 14.44.0201 - SOCIAL HALLS, LODGES, FRATERNAL ORGANIZATIONS AND CLUBS IN A C-2 (GENERAL COMMERCIAL DISTRICT) - File 10-3 Public hearing was declared open. Planning Director, Herbert G. Hotchner explained that these uses exist in a commercial district but that the text of the zoning ordinance does not indicate that they are per- mitted. There being no further questions. the hearing was closed. An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending subsection 1 of Section 14.44.020 so as to add social halls, lodges, fraternal organizations and clubs as permitted uses in a general commercial district, and numbering Charter Ordinance No. 978 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: CLOSING AND ABANDONMENT OF PORTION OF LOVELL AVENUE OFF WOODLAND AVENUE - File 3-5 Director of Public Works, Norris Rawles recommended that the public hearing which was set for tonight be continued until the exchange of property is completed. The matter was continued to April 20th, 1970. RE: ABATEMENT PROCEEDING - File 3-3 Mr. Herbert J. Witt addressed the council regarding the conditions of the house at 3 -5 -Maywood Way. Chief Building Inspector, Jack Coates informed the council that he had inspected the premises and on March 4th started abatement proceedings with the new owner. They have been advised they can appeal to the Board of Appeals within thirty days. The City Council instructed the Building Inspector to continue with the abatement proceedings. RE: SENIOR CITIZENS - File 123 Mr. Derochie, President of the San Rafael Golden aires addressed the City Council requesting their assistance in locating new quarters for the senior citizens when their lease expires on April 30th. Mayor Bettini stated that the City Manager and the Parks and Recreation Department had been instructed to aid the senior citizens in locating a suitable center. RE: VEHICLES FOR HIRE - File 9-9 CHARTER ORDINANCE NO. 976 - ORDINANCE CORRECTING REFERENCE TO CODE SECTION WHICH PERTAINS TO THE ISSUANCE OF A TAXI LICENSE, AND NUMBERING CHARTER ORDI- NANCE NO. 976 WAS PASSED AND ADOPTED AS AN ORDINANCE OF THE CITY OF SAN RAFAEL BY THE FOLLOWING VOTE, TO -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: Non e Absent: Councilmen: Miskimen RE: SAN RAFAEL CAYES UNIT ONE - File 6-19 Director of Public Works, Norris Rawles discussed with the council a request from San Rafael Cayes, Inc. subdivider, to extend the agreement for completion of levee improvements for one year to March 15, 1971. He reported that work is continuing on the levee by the subdivider and that there is no danger to city or adjacent property owners. RESOLUTION NO. 3874 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK. Ayes: Councilmen: Barb ier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: APPLICATION TO THE OFFICE OF EMERGENCY PREPAREDNESS FOR STORM DEBRIS REMOVAL ON PRIVATE PROPERTY - File 126 RESOLUTION NO. 3875 - RESOLUTION AUTHORIZING NORRIS M. RAWLES TO EXECUTE IN BEHALF OF THE CITY OF SAN RAFAEL APPLICATION TO THE OFFICE OF EMERGENCY PREPAREDNESS FOR STORM DEBRIS REMOVAL ON PRIVATE PROPERTY. Motion was made by Councilman Barbier, seconded by Councilman Robbins, that the above resolution be adopted. Ayes: Councilmen; Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: SITE PREPARATION, GRADING, PAVING OF NEW CORPORATION YARD AT SECOND & LINCOLN - File 4-1-161 Director of Public Works, Norris Rawles reported that the Department of Public Works had drawn plans and specifications for the grading and paving of the new Corporation Yard at Second and Lincoln Avenue. RESOLUTION N0. 3876 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR SECOND AND LINCOLN - CORPORATION YARD (GRADING AND PAVING) (Bid Opening 8:00 o'clock P.M., on Monday, the 6th day of April, 1970) Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Coumcilmen: Miskimen RE: ENCROACHMENT PERMIT -8 REGINA WAY - File 2-11 Director of Public Works, Norris Rawles recommended approval of a request from the property owner to construct a 3" high wooden picket fence in City's right-of-way - 1' 6'' into right-of-way by 38' long. Motion was made by Councilman Barbier, seconded by Councilman Jensen, Encroachment Permit No. 189 be granted. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PROJECT 42-2007 (69.118-4) DRAINAGE AND SANITARY SEWER IMPROVEMENTS - File 4-1-158 Director of Public Works, Norris Rawles recommended authorizing the extension of time for completion of this contract due to inclement weather. RESOLUTION NO. 3877 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. (Extended to and including the 31st day of March, 1970. Motion was made by Councilman Barbier, se-onded by Councilman Robbins, the above resolution be adopted. 21 Ayes: Councilmen: Barbier, Jensen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: SEAVIEW SUBDIVISION - TREE PLANTING AGREEMENT - File 5-1-198 Director of Public Works, Norris Rawles reported that "Seaview" Subdivider, Galli Construction Company, desired to have the city accept the subdivision improvements and release performance b and and agreed to deposit the sum of $600.00 to guarantee the planting of trees. RESOLUTION NO. 3880 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Motion was made by Councilman Robbins, seconded by Councilman Barbier, the above resolution be adopted. Ayes: Councilmen: Barbier, Jensen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: FREEWAYS AND STATE HIGHWAYS - File 11-16 Director of Public Works, Norris Rawles reported that the State Contractor, Murphy Pacific is ahead of schedule on construction of the "101" viaduct but requested occupancy of the parallel frontage road un- til approximately April 10th, 1970. Motion was made by Councilman Jensen, seconded by Councilman Robbins, the State Contractor be granted per- mission to use the street as a work area until April 10th, 1970. RE: SOUTH SAN PEDRO ROAD PHASE IV - File 4-13-14 City Manager, James McCown presented the Agreement with the County of Marin which is to extend for a period of two years the completion of Phase IV of the Point San Pedro Road Widening. RESOLUTION NO. 3879 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Joint Exercise of Powers Agreement South San Pedro Road) Motion was made by Councilman Jensen, seconded by Councilman Barbier, the above resolution be adopted. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: AGREEMENT SAN RAFAEL SCHOOL DISTRICT - CITY -SCHOOL CONTRACT 1969-70 - File 4-7-1 City Manager, James McCown presented the Agreement with the San Rafael Elementary School District and the San Rafael High School District for the fiscal year beginning July 1st, 1969 and ending.•June 30th, 1970 for the operation of a cooperative recreation program. RESOLUTION NO. 3878 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Motion was made by Councilman Robbins, seconded by Councilman Barbier, the above resolution be adopted. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes Councilmen: None Absent: Councilmen: Miskimen RE: ELECTION - SPECIAL MUNICIPAL BOND ELECTION & CHARTER AMENDMENT ELECTION JUNE 2, 1970 - File 9-4 City Attorney, David Menary, Jr. read the resolution concerning the municipal improvements proposed by the council which are to be placed on the ballot at the Special Municipal Bond Election. RESOLUTION NO. 3872 - RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND DEMAND THE ACQUISITION, CONSTRUCTION AND COMPLETION BY THE CITY OF SAN RAFAEL OF EACH OF THE FOLLOWING MUNICIPAL IMPROVEMENTS, TO WIT: (B) SEWER SYSTEM IMPROVEMENTS, (C) COMMUNITY RECREATION CENTER AND (D) MAIN FIRE STATION: AND THAT THE COST OF SAID MUNICIPAL IMPROVE- MENTS, AND EACH OF THEM, WILL REQUIRE AN EXPENDITURE GREATER THAN THE AMOUNT ALLOWED THEREFOR BY THE ANNUAL TAX LEVY. Motion was made by Councilman Jensen, seconded by Councilman Robbins, to adopt the above resolution. Ayes: Councilmen:Barbier, Jensen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RESOLUTION NO. 3873 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL REQUESTING THE BOARD OF SUPERVISORS OF MARIN COUNTY TO PROVIDE FOR THE CONSOLIDATION OF A SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION WITH THE STATE OF CALIFORNIA DIRECT PRIMARY ELECTION TO BE HELD JUNE 2, 1970. Motion was made by Councilman Robbins, seconded by Councilman Barbier, that the above resolution be adopted. Ayes: Councilmen: Barbier, Jensen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen An ordinance calling a Special Municipal Bond Election was introduced. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the ordinance be read by title only. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen An ordinance calling a Special Municipal Bond Election in the City of San Rafael for the purpose of sub- mitting to the electors of said city the measures of incurring a bonded indebtedness of said city for the acquisition, construction and completion of the following municipal improvements, and each of them, to -wit: (B) Sewer System Improvements, (C) Community Recreation Center and (D) Main Fire Station; declar- ing the estimated cost of said municipal improvements, and each of them, the amount of the principal of said indebtedness to be incurred therefor, and the maximum rate of interest to be paid thereon; making provision for the levy and collection of taxes; fixing the date of said election, the manner of holding the same, providing for notice thereof, and consolidating said special municipal bond election with the State of California direct primary election to be held on June 2, 1970, and numbering Charter Ordinance No. 977. Motion was made by Councilman Jensen, seconded by Councilman Robbins, that the above ordinance be passed to print. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: Miskimen RE: PARK AND RECREATION COMMISSION - File 9-2-4 A letter was received from Troy E. Lewis submitting his resignation as a member of the San Rafael Park and Recreation Commission. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Mr. Lewis' resignation be accepted with regrets and the City Manager was instructed to write him a letter accordingly. Motion was made by Councilman Jensen, seconded by Councilman Barbier, George S. Burton be appointed to fill the unexpired term of Troy Lewis. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ECONOMIC OPPORTUNITY COMMISSION - File 13-1 A letter was received from Arthur H. Fellows, submitting his resignation to the Economic Opportunity Com- mission. Motion was made by Councilman Jensen, seconded by Councilman Barbier, this resignation be accepted. Appointment of successor to Mr. Fellows was carried over. RE: CLAIM FOR DAMAGES TO PERONSAL PROPERTY - File 3-1 Claim of Mrs. Grace Geist having been investigated by the insurance company who recommended that the settlement be made was discussed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that this claim in the amount of $20.00 be paid. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: GENERAL CORRESPONDENCE - File 9-5-B A letter from Barry H. Bovee, Executive Vice President of Pacific Coast Utilities Service, Inc., request- ing that he be allowed to represent the City of San Rafael in the Twelfth Annual 1970 Hawaiian International Billfish Tournament to be held in Kailua-Kona, Hawaii, commencing July 29th, 1970. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the above request be granted. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: LABOR DISPUTE - INDEPENDENT JOURNAL AND SAN FRANCISCO TYPOGRAPHICAL UNION #21 - File 134 Letters of commendation from various businesses and associations thanking the San Rafael Police Depart- ment for the job of preserving law and order in downtown San Rafael, copies of which have been distributed to the City Council, were noted and placed on file. Chief of Police, Joseph Brusatori expressed his thanks to the Mayor and Council and City Manager for the cooperation given the San Rafael Police Depart- ment and requested a letter be sent to Sergeant Nick Munson, Zone 2 of the Mutual Aid for their coopera- tion. The City Manager was requested to write this letter. RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Robbins, that the following personnel be 2 ".� on the regular payroll: (a) William C. Webb, Assistant Civil Engineer Range 17-E, $1041.00 per month. (b) Thomas A. Gust, Junior Civil Engineer Range 15-C, $856.00 per month. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen Motion was made by Councilman Jensen, seconded by Councilman Barbier, Italo Tambussi be employed as Maintenance Man I, $670.00, Range 9-D commencing April 1st, 1970. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen Mjition was made by Councilman Robbins, seconded by Councilman Jensen, the eligibility list for Fire De- partment be certified. - File 7-4 Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated March 16th, 1970, and Advice on Payroll dated March 20th, 1970, and now on file in Finance Office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT EQUIPMENT & REPLACEMENT STORES FUND CAPITAL IMPROVEMENT PARKING DISTRICT #1 FUND Payroll: Council adjourned. GENERAL FUND PARKS FUND LIBRARY FUND $ 33,365.14 3,250.69 3,182.76 20,727.24 3,740.54 42.53 34,591.97 592.44 $ 97,493-31 $ 93,130.32 4,283.00 4,077.69 $101,491.01 MARION A. GRADY, City Cleft Approved this c� day of ��- 19 7e) �avl .-L� Clea MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, April 6th, 1970 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of March 16th, a true and correct copy having been heretofore submitted to each member, were approved. RE: SITE PREPARATION, GRADING, PAVING OF NEW CORPORATION YARD AT SECOND & LINCOLN - File 4-1-161 The following bids were received, opened and read: Brown -Ely Company $ 17,760.70 W. K. McLELLAN COMPANY 18,462.00 Bresnan-Dalecio Inc. 15,549.00 GHILOTTI BROS., INC. 14,962.50 Forde Construction Company 15,515.00 Maggiora & Ghilotti, Inc. 15,867.00 Director of Public Works, Norris Rawles reviewed the bids and recommended that the contract be awarded to Ghilotti Bros., the low bidder. RESOLUTION NO. 3882 - RESOLUTION OF AWARD OF CONTRACT. (Ghilotti Bros. Inc.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ANIMALS - File 13-3 The public hearing in the matter of regulating the keeping of animals, birds and b ees in the City of San Rafael was carried over to the meeting of April 20th, 1970. RE: ZONING ORDINANCE AMENDMENT - 1009 IRWIN STREET - ELMER AND MARIE MONTI - File 10-3 The Mayor declared the public hearing open. Planning Director, Herbert Hotchner informed the council that the lot to be rezoned to a C-2 (General Commercial District) was on the west side of Irwin Street, the third lot from the corner of Fourth Strett. The two lots between this one the corner are now zoned C-2. The purpose of the rezoning is the proposal to remove the service station and two dwellings and to construct a commercial building. The Planning Commission has held a public hearing and recommends the reclassification as the proposed zoning is consistent with the area and in conformity with the San Rafael General Plan. There being no one present wishing to speak either for or against this rezoning, the hear- ing was declared closed. Motion was made by Councilman Robbins, seconded by Councilman Miskimen, an ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14. 12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from R-3 (Multiple Residential) District to C-2 (General Commercial) District, and numbering Charter Ordinance No. 980 was read, in- troduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPEAL OF CONDITION TO USE PERMIT 70-18 - 1002 SECOND STREET - ANTHONY NOVACIC, DBA GLOBAL ENTER- PRISES, OWNER, ROBERT HOPPS, REPRESENTATIVE - File 10-5 Public hearing was declared open. Planning Director, Herbert G. Hotchner informed the council of the Planning Commission's reason for placing the conditions on the use permit. Vehicular access on Second Street was considered hazardous to the general public as it is a heavily trafficked street. Customer vehicles left for repair should be parked within the building so as not to create a parking problem in the area, and the bar or railing which protrudes from the building should be removed. Mr. Robert Hopps, representative of Global Enterprises, the owners of the property addressed the council and stated that since San Rafael has not made similar requirements relative to parking in other new enterprises he felt that the action was discriminatory and arbitrary. Mr. Hopps is withdrawing his objection to the railing and brackets being removed. The council agreed that it would be discriminatory to impose parking restric- tions on the applicant. The applicant requested that the matter of ingress and egress on Second Street be held over. The matter was continued for two weeks to April 20th, 1970. RE: ZONING ORDINANCE AMENDMENT - MISKIMEN ANNEXATION AND CROKER-HILL ANNEXATION - File 10-3 The matter was continued for two weeks until April 20th, 1970. RE: ELECTION - SPECIAL MUNICIPAL BOND ELECTION & CHARTER AMENDMENT ELECTION JUNE 2, 1970 - File 9-4 CHARTER ORDINANCE NO. 977 - An ordinance calling a Special Municipal Bond Election in the City of San Rafael for the purpose of submitting to the electors of said city the measures of incurring a bonded indebtedness of said city for the acquisition, construction and completion of the following municipal improvements, and each of them to wit: (B) Sewer System Improvements, (C) Community Recreation Center and 25 (D) Main Fire Station; declaring the estimated cost of said municipal improvements, and each of them, the amount of the principal of said indebtedness to be incurred therefor, and the maximum rate of interest to be paid thereon; making provision for the levey and collection of taxes; fixing the date of said elec- tion, the manner of holding the same, providing for notice thereof, and consolidating said special muni- cipal bond election with the State of California direct primary election to be held on June 2, 1970, and numbering Charter Ordinance No. 977 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ZONING ORDINANCE AMENDMENT - SECTION 14.44.0201 - SOCIAL HALLS, LODGES, FRATERNAL ORGANIZATIONS AND CLUBS IN A C-2 (GENERAL COMMERCIAL DISTRICT) - File 10-3 CHARTER ORDINANCE NO. 978 - An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending subsection 1 of Section 14.44.020 so as to add Social Halls, Lodges, Fraternal Organizations and Clubs as permitted uses in a general commercial district, and numbering Charter Ordinance No. 978 was passed and adopted as an ordinance of the City of San Rafael by the follow- ing vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ZONING ORDINANCE AMENDMENT - HANSON ANNEXATION - File 10-3 CHARTER ORDINANCE NO. 979 - An ordinance amending the Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to re- classigy certain real property from "U" (Unclassified) District to R-1-13-4 (Single Family Residential, Minimum lot size one acre) District, and numbering Charter Ordinance No. 979 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: MISDEMEANOR CONTROL - JUVENILE DELINQUENCY PREVENTION COMMISSION - File 13-8 Guy Bachelis of the Juvenile Delinquency Prevention Commission spoke to the council asking permission to interview the Chief of Police and the Juvenile Officers for the purpose of a study being made by the Juvenile Delinquency Prevention Commission of the County of Marin, a volunteer group. The council offer- ed it support in this study. RE: ELECTION - SPECIAL MUNICIPAL BOND ELECTION & CHARTER AMENDMENT ELECTION JUNE 2, 1970 - File 9-4 A resolution placing the three Charter Amendments on the June ballot (A) Appointment of Chief Police (B) Deleting the appointive position of Health Officer and (C) Authorizing maximum expenditure of $10,000 yearly for advertising purposes were presented to the council. RESOLUTION NO. 3867 - RESOLUTION PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF SAN RAFAEL AND SUB- MITTING THE SAME TO THE ELECTORS OF SAID CITY AND ORDERING THE PUBLICATION THERE- OF. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The City Council discussed the need for a statement of policy regarding the qualifications for appointing a Chief of Police in the eventthe Charter Amendment passes. Also discussed was the possibility of a Police Commission. City Manager, James McCown was requested to incorporate these points in the argument in favor of this amendment for the ballot. RE: TERRA LINDA UNIT 21-A - File 5-1-197 Alameda Homes Corporation, Su -divider of Terra Linda Unit 21-A has requested an extension of time to and including May 12th, 1970 for completion of subdivision improvements. The Department of Public Works re- commends that the extension of time be granted. RESOLUTION NO. 3883 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK. (May 12th, 1970) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CASH BOND REFUND - KAEHLER-FARRAR DEVELOPMENT COMPANY - File 8-15 Motion was made by Councilman Jensen, seconded by Councilman Barbier, that $300.00 cash bond posted by Kaehler-Farrar Development Company for the maintenance of a trench in "C" Street between Third & Fourth Streets be refunded in full since all requirements of the Public Works Department have been fulfilled. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FRANCISCO BOULEVARD PROPERTY - File 2-1-5 An ordinance amending the sale and conveyance of real property to George H. Dexter, Jr., and Geraldine Dexter, his wife and an Addendum to an Agreement modifying said agreement to close the escrow as of May lst, 1970 were presented by City Attorney, David Menary, Jr. RESOLUTION NO. 3884 - RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ADDENDUM TO AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None An ordinance amending the sale and conveyance of real property to George H. Dexter, Jr. and Geraldine Dexter, and numbering Charter Ordinance No. 981 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: DRAINAGE AND FLOOD CONTROL - File 12-9 The matter of acceptance of the Storm Water Pumping Station and Related Drainage Facilities at the Glen- wood Middle School was continued for two weeks for investigation of the possibility of the San Rafael School District paying for the cost of maintenance and amortizing replacement of the pump. RE: CLAIM FOR DAMAGES - File 3-1 Claim filed by Carl B. Shapiro on behalf of Jeanne Yarbrough & Steven Yarbrough, her son, for Injuries sustained by actions of police officers while in the course of their employment was presented. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the claim be denied and referred to our insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRANSFER OF FUNDS - POLICE DEPARTMENT - File 8-14 Motion was made by Councilman Barbier, seconded by Councilman Jensen, authorization to transfer $3,600 from Police Department Account Number 601 to be distributed as follows: $ 3,000.00 to Account No. 629 600.00 to Account No. 655 Ayes: Councilmen: Barbie r, Jensen, Miskimen, Robbins, and Mayor BettIni Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, authorization to place Geoffrey H. Johnson on the regular payroll as Fireman commencing April 16, 1970 at the monthly salary of $739.00, Range 14, Step A, to fill existing vacancy. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SENIOR CITIZENS - File 123 Mr. Derochie of the Goldenaires addressed the council and stated that they have looked at approximately twenty buildings for their possible use and have eliminated all of them. City Manager, James McCown spoke of having contacted the County of Marin regarding use of one floor of the Court House Annex for a minimum charge plus maintenance. This matter will be considered at the Board of Supervisors meeting and the Goldenaires were advised to attend the meeting and present their case. RE: ONE-WAY STREET - IRWIN STREET - File 11-14 Director of Public Works, Norris Rawles reported that April 12th has been set for the opening of Netherton Street at which time Irwin Street will become one-way northbound and requested the Independent -Journal to give widepublicity to this change in order to alert the public. RE: GENERAL CORRESPONDENCE - File 9-5-A Request from the San Anselmo Unit of the American Legion Auxiliary to sell poppies on the streets of San Rafael May 22nd and 23rd. Motion was made by Councilman Jensen, seconded by Councilman Barbier, this request be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ABATEMENT PROCEEDINGS - COLEMAN SCHOOL BUILDING - File 3=3 City Manager, James McCown reported that the appeal Coleman School building and the Building Department Buildings section of the Uniform Building Code. RE: MISCELLANEOUS TOPICS - File 120 27 period had passed in the matter of abatement of the is continuing the legal steps under the Dangerous City Manager, James McCown was requested to investigate the antennas in Black Canyon area and if in City limits and not being used, request that they be taken down. RE: CITY DEPARTMENTS - PUBLICATIONS - File 9-3-17 Mayor Bettini called attention to the publication on Rules and Procedures of the San Rafael Planning Commission and thanked the Planning Director, Herbert Hotchner for his efforts in the work. Also, the San Rafael Police Department had a great deal to do with a publication concerning Allied Juvenile Agencies of Marin County Guide for Youth and Parents which is now available and the Mayor com- mended them for their efforts. - File 9-3-30. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated April 6th, 1970, and Advice on Payroll dated April 3rd, 1970, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT FUND EQUIPMENT & REPLACEMENT FUND STORES FUND CAPITAL IMPROVEMENT FUND GAS TAX FUND PARKING DISTRICT NO. 1 FUND Payroll: ITEM HELD OVER: GENERAL FUND PARKS FUND LIBRARY FUND $ 58,928.44 1,108.03 2,500.32 30,488.20 27,228.84 124.97 2,694.08 13,973.66 896.73 $ 137,9T3.27 $ 97,431.94 4,335.00 4,156.35 $ 105,923.29 (a) Appointment of Representative Economic Opportunity Council - File 13-1 Council adjourned to Monday, April 20th, 1970. MARION A. GRADY, City Clefk Approved this g?614. day of 19 7o ea 6 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, April 20th, 1970 at 8:00 o'clock P. M. Regular Meeting: Note: Councilman Miskimen arrived 8:15 P.M. RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Absent: John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of April 6th, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: APPEAL OF CONDITION TO USE PERMIT 70-18 - 1002 SECOND STREET - ANTHONY NOVACIC, DBA GLOBAL ENTER- PRISES, OWNER, ROBERT HOPPS, REPRESENTATIVE - File 10-5 At the request of the appellant, the public hearing in this matter was continued until May 4th, 1970. RE: ANIMALS - File 13-3 Public hearing was declared open. Mayor Bettini reviewed the action taken todate in the proposed animal ordinance. City Manager, James McCown reported that the ordinance had been redrafted and submitted to the committee which had been appointed to review the matter. The council discussed their objection to giving the authority for issuance of permits to the County of Marin and felt that the Planning Department should handle permits and final authority should rest with the City Council. Also, discussed was the point concerning 10,890 square feet being too small an area for horses, etc. Mr. Wade Powell addressed the council suggesting that attention should be given to an ordinance regulating dogs as they create a greater problem. Mr. and Mrs. Edward Wachsman, and Mr. Van Dyke also addressed the council. City Attorney, David Menary, Jr. was requested to incorporate the council's suggestions into the ordinance and the matter was continued until the meeting of May 18th. RE: CLOSING AND ABANDONMENT OF PORTION OF LOVELL AVENUE OFF WOODLAND AVENUE - File 3-5-21 Mayor Bettini declared the public hearing open. Director of Public Works, Norris Rawles reported that the necessary grant deeds for the exchange of property for right-of-way realignment of Lovell Avenue had been prepared. There being no one else present wishing to discuss the matter, the Mayor declared the pub- lic hearing closed. RESOLUTION NO. 3885 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Crocker to City of San Rafael) Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins RESOLUTION NO. 3886 - RESOLUTION ORDERING VACATION OF PART OF PUBLIC STREET (Lovell Avenue) Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: Robbins RE: ZONING ORDINANCE AMENDMENT - MISKIMEN ANNEXATION AND CROKER-HILL ANNEXATION - File 10-3 Councilman John Miskimen excused himself from the meeting. Mayor Bettini declared the public hearing open. Planning Director, Herbert G. Hotchner addressed the council concerning the Croker lot which has less than the permitted square footage but stated that the property could be used as a building site if the lot was under one ownership of record prior to May 2nd, 1951. The Council voiced objection to rezoning a lot that is sub -standard in size. Public hearing was closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the proposal for rezoning be re- turned to the Planning Commission for review and return to the council with the two lots in question to be considered as separate items. Ayes: Councilmen: Barbier, Jensen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen and Robbins Councilman Miskimen returned to the meeting. RE: PUBLIC UTILITIES COMMISSION - REQUEST FOR RAILROAD CROSSING AT FRANCISCO BOULEVARD - File 9-11-5 x 117 City Engineer, Ely CaiIlouette, Jr. and City Planning Director, Herberg G. Hotchner presented geometric maps from the Sta to Division of Highways and aerial photographs indicating the State's future plans for Highway 101 and Highway 17 Routes. They pointed out that in view of the State's proposal, the grade crossing at Francisco Boulevard (former connection known as Rice Street) would be in a poor location. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the City Attorney was instructed to dismiss without prejudice the application to the Public Utilities Commission. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins 29 RE: APPOINTMENT OF DEPUTY CITY TREASURER - F le 7-5 Motcon was made by Councilman Jensen, seconded by Councilman Miskimen, John Averett be appointed as Deputy City Treasurer. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins RE: ZONING ORDINANCE AMENMENT - 1009 IRWIN STREET - ELMER AND MARIE MONTI - File 10-3 CHARTER ORDINANCE NO. 980 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by SEction 14.12.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from R-3 (Multiple Residential) District to C-2 (General Commercial Dis- trict, and numbering Charter Ordinance No. 980 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins RE: FRANCISCO BOULEVARD PROPERTY - File 2-1-5 CHARTER ORDINANCE NO. 981 - An ordinance amending the sale and conveyance of real property to George H. Dexter, Jr. and Geraldine Dexter, Jr., and numbering Charter Ordinance No. 981 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins RE: CONTRACT FOR SERVICES - GREATER SAN RAFAEL CHAMBER OF COMMERCE - File 4-6 x 119 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the Mayor and City Clerk be authorized to execute the contract for services of Greater San Rafael Chamber of Commerce. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins RESOLUTION NO. 3887 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Greater San Rafael Chamber of Commerce) Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins RE: MUNICIPAL GOLF COURSE - File 12-15 City Manager, James McCown reported that an engineering cost report which was to have been submitted had not been received and recommended that the matter be postponed to the next meeting It was the feeling of the council that since the proponents of the golf course have shown a lack of interest it should not be continued any further. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the matter of proceeding with the proposed golf course be abandoned. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins RE: GLENWOOD STORM WATER PUMP STATION - File 12-9 A summary of the estimated cost for the yearly operation of the Glenwood Pumping Station and Related Facilities and the amoritization of life expectancy was submitted from the Director of Public Works. He advised the council that the school district had been put on notice that the question of accepting the pumping station for maintenance was being discussed by the council. This matter was continued for thirty days. RE: DEMOLITION AND REMOVAL OF OLD COLEMAN SCHOOL BUILDING - GRAND AVENUE AND LINDEN LANE - File 3-3-19 Chief Building Inspector Jack Coates advised the council on the status of the removal of the Old Coleman School Building. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the abatement proceedings con- tinue with a call for bids for demolition. RE: RECREATION AND PARK COMMISSION - RESIGNATION OF ROY R. RHODES - File 9-2-4 Mr. Rhodes addressed the council stating his desire to withdraw his resignation and to remain on the Commission. The matter was continued for two weeks. RE: CLAIM FOR DAMAGES - JOSEF C. PIHA - File 3-1 A claim from Josef C. Piha for damage to his automobile at Las Gallinas and Northgate due to a hole in the paving was presented. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the claim be denied and referred to our insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent; Councilmen: Robbins RE: EMPLOYEES RETIREMENT SYSTEM ACTUARIAL STUDY - File 7-`8 A request for an actuarial study of employees retirement system was made by the San Rafael Fireman's Association and San Rafa&l City Employees Association. Motion was made by Councilman Barbier, seconded by Councilman Jensen, City Manager, James McCown was authorized to proceed with an actuarial study. RE: AUXILIARY POLICE OFFICERS - File 9-3-30 Chief of Police, Joseph Brusatori submitted a list of names to be approved by the City Council for Auxiliary Police Officers for the City of San Rafael. Motion was made by Councilman Miskimen, seconded by Councilman Jensen, the list be confirmed by the council. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins RE: AMERICAN PUBLIC WORKS CONFERENCE - File 9-3-40 Motion was made by Councilman Jensen, seconded by Councilman Barbier, Director of Public Works, Norris Rawles be granted permission to attend the American Public Works Conference, Fresno, California, April 26th through April 29th, 1970• Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, William P. Johnson be placed on the regular payroll as Senior Engineering Aide, Range 12-D, $776.00 per month. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins RE: PUBLIC WORKS PROJECTS - File 12-6 The Department of Public Works was requested to present at the next council meeting a report on the status of various projects under design. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated April 20th, 1970, and Advice on Payroll dated April 20th, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 14,936.33 PARKS FUND 1,124.50 LIBRARY FUND 2,836.62 LIBRARY FUND 20,791.90 EQUIPMENT & REPLACEMENT FUND 3,699.89 STORES FUND 621.22 CAPITAL IMPROVEMENT FUND 49,429.70 PARKING DISTRICT NO. 1 FUND 766.02 $ 94,206.18 Payroll: GENERAL FUND $ 92,380.07 PARKS FUND 4,283.00 LIBRARY FUND 4,187.55 $100,850.62 Items Held Over: (a) Appointment of representative to Economic Opportunity Council Council adjourned. MARION A. GRADY, City Clerk Approved this 1 day of 19ZO_._-_ •� 4Z, MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, May 4th, 1970 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 Fred C. Robbins, Jr., Councilman Absent: Harry A. Barbier, Councilman Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the minutes of April 20th, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - APPEAL OF AMENDMENT OF ARCHITECTURAL APPROVAL - 237 PICNIC AVENUE - PI.CNI'C HILL PROPERTIES - File 10-5 Mayor Bettini declared the hearing open. Councilman Jensen was excused from the meeting. Planning Director, Herbert G. Hotchner summarized the events leading up to this appeal wherein the de- velopers built the buildings without the exterior stucco which had been required when the original architectural approval had been granted. Upon application to the Planning Department for approval of this change, the developers were given approval except for ends of three buildings which must be re- vised to conform to the original plans. Mr. Trevor Whitson, 47 Roberts Avenue spoke on behalf of property owners in the vicinity and stated that builders should not be permitted to ginore the instruc- tions of the Planning Commission or the council. Mr. Ghirardo addressed the council stating that be- cause of the inclement weather last December it was necessary to use redwood instead of stucco and he felt that it was superior to stucco in appearance. He showed pictures to the council of the apartments as built. Mr. Arion Monti, 34 Robets Avenue and Mr. Frank Strom, 215 Picnic Avenue also spoke request- ing the council to see that the original plans were followed. Mrs. McNulty, 224 Picnic Avenue spoke on behalf of the builder. The council felt that the builders had not done what they agreed to do on the original plans and had not asked for commission approval for a change until occupancy of one building was denied. Motion was made by Councilman Robbins, seconded by Councilman Miskimen, the appeal be sustained and the builder required to restore the units as agreed to in the original plan. Ayes: Councilmen: Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Jensen Councilman Jensen returned to the meeting. RE: APPEAL OF CONDITION TO USE PERMIT 70-18 - 1002 SECOND STREET - ANTHONY NOVACIC, DBA GLOBS ENTER- PRISES, OWNER, ROBERT HOPPS, REPRESENTATIVE - File 10-5 At the request of the appellant, the public hearing in this matter was continued until May 18th, 1970• RE: PARADE PERMIT - PUB11CIZING SCHOOL TAX ELECTION - File 104 Motion was made by Councilman Jensen, seconded by Councilman Robbins, the request for a parade on Fourth Street May 23rd, 1970, sponsored by Dr. John Plank, Superintendent of San Rafael Schools, his staff, and various other administrative and Parent-Teacher Association officers and members of schools and district council was granted. Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: ZONING MAP AMENDMENT TO RECLASSIFY CERTAIN REAL PROPERTY FROM "U" (UNCLASSIFIED DISTRICT) TO R-1 (SINGLE FAMILY RESIDENTIAL DISTRICT) - MISKIMEN PROPERTY, 187 OAK DRIVE - File 10-3 Councilman Miskimen was excused from the meeting. Planning Director, Herbert G. Hotchner reported that the matter of rezoning the Miskimen lot and the Croker lot which had been referred back to the Planning Commission had been reconsidered and the Plann- ing Commission recommendation was to rezone the Miskimen lot from "U" District to R-1 District but the Croker property to remain in the "U" District. Motion was made by Councilman Robbins, seconded by Councilman Jensen, an ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from "U" (Unclassified) District to R-1 (Single Family Residential) District, and numbering Charter Ordinance No. 982 was read, introduced and ordered passed to printby the following vote, to -wit: Ayes: Councilmen: Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen Councilman Miskimen returned to the meeting. RE: GRANT DEED FROM CITY OF SAN RAFAEL TO SAN RAFAEL SANITATION DISTRICT - SECOND AND IRWIN STREET PUMPING STATION - File 2-1-36 An ordinance of the City of San Rafael providing for the conveyance of public property to the San Rafael Sanitation District, and numbering Charter Ordinance No. 983 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: OBSTRUCTION OF WATERCOURSES - File 12-9 A letter from Donald R. Prost, Public Works Director for the County of Marin was presented with a pro- posed ordinance for controlling debris being placed in creeks. This matter was referred to the City Manager, Public Works Department, and Planning Department for study and recommendation. RE: LEASE WITH COUNTY OF MARIN FOR COURT HOUSE ANNEX FOR SENIOR CITIZENS AND RECREATION CENTER - File 123 x 12-15 x 4-13-23 RESOLUTION NO. 3888 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Senior Citizens and Recreation Center) Ayes: Councilmen: Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: PLANS AND SPECIFICATIONS - TRAFFIC SIGNAL INSTALLATION FOURTH AND "H" STREETS, PROJECT NO. 41-2020 (70.310-2) - File 11-10 x 4 -1 -162 - RESOLUTION NO. 3890 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT NO. 41-2020 (70.310-2) TRAFFIC SIGNAL INSTALLATION FOURTH AND "H" STREETS. (Bid Opening June 1, 1970) Ayes: Councilmen: Miskimen, Robbins and Mayor Bettini Noes: Councilmen: Jensen Absent: Councilmen: Barbier RE: PLANS & SPECIFICATIONS - BELLE & IRWIN DRAINAGE IMPROVEMENTS, PROJECT 43-2011 (70.126) - File 4-1-163 x 12-9 RESOLUTION NO. 3891 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 43-2011 (70.126) IRWIN STREET AND BELLE AVENUE STORM DRAINAGE CORRECTION. (Bid Opening May 18, 1970) Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: COMMENDATION - File 102 Arthur Fellows addressed the council commending the Public Works Department for the "No Parking" signs on Prospect Drive from Lincoln to Coleman, stating that it has greatly relieved the traffic problems in that area. RE: TOPICS PROGRAM - File 11-1 City Engineer, Ely Caillouette, Jr. reported on the State funds available to the city for traffic safety improvements and recommended combining 1969-70/1970-71 funds for use in capital improvement program in the next fiscal year. Motion was made by Councilman Robbins, seconded by Councilman Miskimen, the State Department of Public Works be requested to hold the 1969-70 funds over to next year. Ayes: Councilmen: Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: SCHEDULING OF APPROVED AND BUDGETED PUBILIC WORKS PROJECTS - File 12-6 City Engineer, Ely Caillouette, Jr. presented a schedule for calling for bids to complete the approved Public Works projects budgeted for the 1969-70 year. RE: APPOINTMENT OF COUNTY HEALTH OFFICER AS HEALTH OFFICER FOR CITY OF SAN RAFAEL - File 9-3-19 x 4-13-25 City Attorney, David Menary, Jr. presented an agreement between the City of San Rafael and County of Marin wherein the County Health Officer would perform services required by the City to enforce all ordi- nances relating to public health and sanitation. Motion was made by Councilman Jensen, seconded by Councilman Robbins, that the city enter into this agreement and the Mayor and City Clerk be authorized to sign the agreement. RESOLUTION NO. 3889 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (County of Marin - County Health Officer) Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: CLAIM FOR PROPERTY DAMAGE - JAMES WEBB, 127 "C" STREET - File 3-1 Claim bf Mr. James Webb for damages to a tire and rim on his car caused by backing into a recessed catch basin at "C" Street and Antonette was presented. Motion was made by Councilman Jensen, seconded by Councilman Robbins, the claim be denied and referred 33 to the city's insurance carrier. Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: TRANSFER OF FUNDS POLICE DEPARTMENT BUDGET - File 8-14 City Manager, James McCown reported that the Police Department had requested a transfer of funds from their Account 601 - Personnel to cover the cost of two officers attending management school which cost will be reimbursed to the city and $165.00 for controls in the communication center. Motion was made by Councilman Jensen, seconded by Councilman Robbins, to tranfer funds. Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: LEAGUE OF CALIFORNIA CITIES - INSTITUTE FOR PLANNING COMMISSIONERS CONFERENCE - File 7-5 x 9-3-17 City Manager, James McCown reported that Herbert Hotchner had been requested to appear as a panel partici- pant in a workshop for new commissionrs and as there is sufficient money in the budget to cover the ex- pense, the council agreed to his participation. RE: MUNICIPAL BOND ELECTION - File 9-4 Mayor Bettini inquired as to what action is being taken by the various department heads and committees to promote the bond issues in the coming election. RE: PERSONNEL - File 7-5 Councilman John Miskimen submitted his resignation to the council effective June 1st, 1970. Motion was made by Councilman Jensen, seconded by Councilman Miskimen,passage of claims. Claims: GENERALFUND PARKS FUND LIBRARY FUND EQUIPMENT & REPLACEMENT FD. STORES FUND CAPITAL IMPROVEMENT FUND PARKING DISTRICT #1 FUND Pay rol 1 : GENERAL FUND PARKS FUND LIBRARY FUND $ 24,674.17 501.14 3,272.98 3,305.27 64.99 23,299.25 289.44 $ 55, 0 2�i 98,751.60 4,738.00 4,077.98 $ 107,567-58 At Mr. Miskimen's suggestion the meeting was adjourned in memory of the victims of the Hamilton Air Force lase plane crash. City Manager, James McCown was requested to express to the Air Froce Commander our condolences to the families of the men. Items Held Over: (a) Resignation of Roy H. Rhodes (b) EOC representative appointment. MARION A. GRADY, City Clerk Approved this day of1970. MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, May 18th, 1970 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Absent: John A. Miskimen,Councilman Fred C. Robbins, Jr., Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of May 4th, 1970, a true and correct copy having been heretofore submitted to each member, were approved. Councilman Robbins arrived at the meeting. RE: PLANS AND SPECIFICATIONS - BELLE & IRWIN DRAINAGE IMPROVEMENTS, PROJECT 43-2011 (70.126) - File 12-9 x 4-1-163 The following bids were received, open and read: Maggiora & Ghilotti $ 9,957.00 Bresnan & DeLacio 10,159.50 Ghilotti Bros., Inc. 10,183.00 Soiland Company 10,914.64 Forde Construction Company 13,043.40 McGuire & Hester 14,379.00 Director of Public Works, Norris Rawles recommended that the low bid of E. V. Maggiora Company and Henry James Ghilotti in the amo unt of $9,957.00 be accepted. RESOLUTION NO. 3896 - RESOLUTION OF AWARD OF CONTRACT. (E. V. Maggiora Company and Henry James Ghilotti) Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PUBLIC HEARING - APPEAL OF USE PERMIT NO. 70-33 - OFFICE WAREHOUSE AT 517 JACOBY STREET - File 10-5 Planning Director, Herbert G. Hotchner reported to the council that an appeal had been received from adjacent property owners, Quail Hill, Inc., Bonzani, Flocchini, Norwitt (Auto City, Inc.), and Irving Bartel, requesting that the owner of the property at 517 Jacoby Street be required to dedicate a strip of land on the northerly property line and improve one-half of the street section as a condition to the use permit. The Planning Director stated his views on the dedication of right-of-way and construction bond for the roadway at this time as he felt it was a policy of the council to require the roads as adopted in the general plan of 1966 whenever permanent construction on a site is applied for. City Planning Commissionr Jorgen Lunding addressed the council stating that a general plan is a guideline and that no precise road plan has been developed for this area. Mr. Richard K. Duncan, President of Quail Hill, Inc. stated that guidelines should be set for roads so that the property owners can proceed with their development plans. Mr. Dino Ghilotti, owner of the property objected to the right-of-way dedication as he had previously been required to dedicate and improve Jacoby Street when it was under County jurisdiction. At this time he plans only to build one building fronting on Jacoby Street, and agreed that at the time that the rear portion of the lot was developed he would be willing to partici- pate in his share of the development. City Council agreed that a precise road plan should be developed in the near future for the area. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the appeal be denied, the action of the Planning Commission be sustained. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: Non e Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION ACTION ON STANDARD OIL COMPANY APPLICATION, MONTE- CITO SHOPPING CENTER (AA 70-35) - File 10-7 Public hearing was declared open. Planning Director, Herbert G. Hotchner reported that an appeal had been received from Montecito Properties regarding the condition that the applicant, Standard Oil Com- pany, bear the cost of widening Second Street Extension. Subsequent to the appeal, the Planning staff, City Engineer, applicant, and Commission members met to consider a revision to the original conditions to the use permit. The modification provides for a five foot strip to be dedicated on the north side of Second Street along the applicants property and widening of the roadway which would include construction of curb and gutter and conform paving. The ,Jjearing was declared closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to sustain the appeal and modify condition "f" as agreed between the applicant and Planning Commission and as presented by the Planning Director. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen 35 RE: APPEAL OF CONDITION TO USE PERMIT 70-18 - 1002 SECOND STREET - ANTHONY NOVACIC, DBA GLOBAL ENTER- - PRISES, -OWNER, ROBERT HOPPS, REPRESENTATIVE - File 10-5 Public hearing was declared open. There was not one present to present the appeal of Mr. Hopps, the hearing was declared closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the appeal be denied. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PUBLIC HEARING - ANIMALS - File 13-3 The hearing was continued from the meeting of April 6, 1970. City Attorney, David Menary, Jr. reported that the ordinance previosuly presented had been amended so that the provision for permits would be placed in the Planning Commission. Michael Duff icy, attorney representing Edward Wachsman addressed the council and said that this is a basic change from the ordinance suggested by the committee and felt that it should be referred once more to the committee. Virginia Borland addressed the council requesting that Section 14.100.010 be amendmed to add the category of indigenous wildlife. The council assured that it was not their intention to cover indigenous wildlife. Susan Howard, Ridgewood Drive, Mr. Edward Wachsman, Palm Avenue also addressed the city council in this matter. Planning Director, Herbert G. Hotchner pointed out that a change in numbering the code sections was advisable for clarity. The hearing was declared closed. An ordinance regulting the keeping of animals, reptiles, birds and bees in the City of San Rafael, and numbering Charter Ordinance No. 984 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: COMMUNITY CENTER BUILDING - ARCHITECTURAL AWARD - File 12-15 x 102 Mr. Charles Tacchi, Chairman of the Parks and Recreation Commission presented an award to the San Rafael City Council from California Council of the Society of American Registered Architects for the excellence of design of the Community Center Building by Architect Robert Severin. Mayor Bettini accepted the award on behalf of the city. RE: ZONING MAP AMENDMENT TO RECLASSIFY CERTAIN REAL PROPERTY FROM "U" (UNCLASSIFIED DISTRICT) TO R-1 (SINGLE FAMILY RESIDENTIAL DISTRICT) - MISKIMEN PROPERTY, 187 OAK DRIVE - File 10-3 CHARTER ORDINANCE NO. 982 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certa.i.n real property from "U" (Unclassified) District to R-1 (Single Family Residential) District, and numbering Charter Ordinance No. 982 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Ab sent:Councilmen: Miskimen RE: GRANT DEED FROM CITY OF SAN RAFAEL TO SAN RAFAEL SANITATION DISTRICT - SECOND AND IRWIN STREET PUMPING STATION - File 2-1-36 CHARTER ORDINANCE NO. 983 - An ordinance of the City of San Rafael providing for the conveyance of pub- lic property to the San Rafael Sanitation District, and numbering Charter Ordinance No. 983 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: GLENWOOD STORM WATER PUMP STATION - File 12-9 Director of Public Works, Norris Rawles reported that he has not received a reply to his letter to the San Rafael School Board but had talked to Mr. Cha ries Condrotte and they are sti11 debating the cost of maintenance. The matter was continued until the time that we have a reply from the School Board. RE: MODIFICATION TO PEACOCK GAP AND FRANCISCO BOULEVARD PUMP STATIONS - PROJECT 43-2015 (70.129-9 & 70.130-8) - File 4-1-164 Director of Public Works, Norris Rawles reported that these were budgeted items and recommended plans be approved and calling for bids on June 15th, 1970. RESOLUTION NO. 3892 - RESOLUTION APPROVING PLANS, AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 43-2015 (70.129-9 & 70.130-8) MODIFICATIONS TO PEACOCK GAP AND FRANCISCO BOULEVARD PUMP STATIONS. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilemn: Miskimen RE: TRAFFIC SIGNAL INSTALLATION - NORTHGATE DRIVE AND LAS GALLINAS, PROJECT 41-2021 (70.308-7) - File 4-1-165 _ Director of Public Works, Norris Rawles explained that this was in the Capital Improvement Program 1969- 70 and recommended approval of the plans and calling for bids on June 15th, 1970. RESOLUTION NO. 3893 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 41-2021 (70.308-7) INSTALLATION OF TRAFFIC SIGNALS NORTHGATE DRIVE AND LAS GALLINAS AVENUE. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ABATEMENT PROCEEDINGS - 33 MAYWOOD WAY - File 3-3-20 Chief Building Inspector, Jack Coates advised the council that the necessary legal steps had been taken to abate the building at 33 Maywood Way and the sixty days in which to appeal the notice to abate the property had passed. He asked permission to advertise for bids for demolition of the partially destroyed building. Mr. Richard Lynch, owner of the building addressed the council explaining that he had bought the property four months ago and had not been able to make any repairs until the rains had ceased and the property had dried out. He had requested a 120 day extension and had been refused as there was no de- finite plan presented. Neighbors residing on Maywood Way, Mr. Herbert J. Witt, Charles E. Blakeley, Paul T. Nederman and Nevin George addressed the council requesting that there be no further delay as the prop- erty has been in this condition for three years. The council assured the adjacent property owners that they would have the building abated ifthe owner does not produce a plan that is satisfactory to the Build- ing Department, City Engineer, Department of Public Works and Planning Department. The Council also agreed to investigate the matter of a swimming pool in the area being emptied into the street. The City Attorney recommended that an appraisal of the property be made by an independent appraiser as well as the County Assessor. Motion was made by Councilman Robbins, seconded by Councilman Jensen, the matter be continued for two weeks and the Building Department, City Engineer, Department of Public Works and Planning Department re- view the plans and a timetable be set up for completion of the work. Ayes: Councilmen: Barbier, Jensen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: EXTENSION OF TIME FOR COMPLETION OF SUBDIVISION IMPROVEMENTS, TERRA LINDA UNIT 21-A - File 5-1-197 Director of Public Works, Norris Rawles recommended to the City Council that an extension of time to and including June 15th, 1970 to complete the improvements in Terra Linda Unit 21-A Subdivision be granted. RESOLUTION NO. 3894 - RESOLUTION EX TENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK. (Terra Linda Unit 21-A) Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen �} -//-3 6 RE: UNRECORDED TWO -LOT SUBDIVISION, BEING A PORTION OF SAN RAFAEL HEIGHTS SUBDIVISION 2 - File City Planning Director, Herbert G. Hotchner presented a Covenent Running with the Land providing that a certain sub -standard lot is not to be used as a building site unless it is utilized in conjunction with and as an integral part of a contiguous legally approved and recorded lot. RESOLUTION NO. 3895 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Margaret B. Chapman) Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PACIFIC GAS AND ELECTRIC COMPANY PARKING LOT LEASE - File 2-9-5 City Manager, James McCown reported that the Pacific Gas and Electric finds it necessary to withdraw 40% of the total area of the lease premises on Lindaro Street. They propose to reduce the-onthly rental paid by the city to $300.00. The effective date for withdrawal and new rent would be July lst, 1970. Motion was made by Councilm an Jensen, seconded by Councilman Robbins, to continue the lease for the remainder of the term on the new basis, and the Mayor and City Clerk be authorized to sign the agreerpent. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: MINI -PARK ON EAST CANAL STREET - File 12-5 Mrs. William Eastman addressed the council explaining that a small piece of property had been developed by a group of adults and teenagers in the East San Rafael area as a Mini -Park and requesting that the council waive the $20.00 use permit fee. The council expressed their full approval of the project and commended the people involved for their efforts. Mrs. Eastman was asked if they proposed to move the building which had been offered them from the Francisco Boulevard property. She indicated that they had no need for it and the City Manager was authorized to have the building removed. Motion was made by Councilman Robbins, seconded by Councilman Barbier, the $20.00 use permit fee be waived. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councillmen: Miskimen 3 Councilman Robbins was excused from the meeting. RE: CLAIM FOR DAMAGES - PERSONAL PROPERTY - File 3-1 A claim was presented from Eugene A. Allen for damages sustained to his automobile while his wife was driving north on Irwin Street and turned into an open ditch. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the claim be denied and referred to our insurance carrier. Ayes: Councilmen: Barbier, Jensen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen and Robbins Councilman Robbins returned to the meeting. A claim was received from Elizabeth Combiths (Mrs. Frank) for oil spray on her automobile which was parked at a Shell Station adjacent to the new Corporation Yard in San Rafael. Motion was made by Councilman Barbier, seconded by Councilman Jensen, the claim be denied and referred to our insurance carrier. Ayes: Councilmen: Barbier, Jensen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen A subrogation claim was received from California State Automobile Association Inter- Insurance Bureau on behalf of Romeo Biasotti for damages sustained in a collision with a San Rafael Fire Engine. Motion was made by Councilman Barbie, seconded by Councilman Robbins, the claim be denied and referred to our insurance carrier. Ayes: Councilmen: Barbier,Jensen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: SPECIAL MUNICIPAL BOND ELECTION - File 9-4 City Manager, James McCown reported that he and the Director of Public Works, Director of Parks and Re- creation and the Fire Chief had been busily involved in speaking to various groups giving detailed in- formation on the bond proposals. RE: PROPOSED BUDGET 1970-71 - File 8-5 City Manager, James McCown reported that the work on the budget was ahead of schedule and that the council will begin reviewing budgets with various department heads on Monday, May 25th. RE: AGREEMENT - RECREATION DEPARTMENT WITH SCHOOL DISTRICT - File 4-7-1 The council agreed to ask the school department again for a final determination as to their intention to enter into an agreement with the Recreation Department for fiscal year 1970-71. RE: REQUEST FOR LEAVE OF ABSENCE - JACK L. SMITH, JR. CIVIL ENGINEER - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, leave of absence without pay be granted to John L. Smith for a period of ninety days from April 17th, 1970 and authorization be given to fill the position. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: JOB DESCRIPTION FOR POLICE CHIEF - File 7-5 The job description for the position of Chief of Police was presented to the City Council and referred to the Chief of Police for his review. RE: FIRE COMMISSION - File 9-2-5 Motion was made by Councilman Barbier, seconded by Councilman Jensen, Dr. Rafael G. Dufficy, Jr. be re- appointed to the Fire Commission for a period of four years. RE: SENIOR CITIZENS - File 123 Motion was made by Councilman Jensen, seconded by Councilman Barbier, Mrs. Nellie Blagg, 205 Laurel Place be nominated as Marin Senior Citizen of the Year. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: RESIGNATION - COUNCILMAN MISKIMEN - File 7-5 City Manager, James McCown was requested to contact Councilman Miskimen and ask him if he still plans to resign to submit his resignation in writing to the City Clerk. RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to appoint Dan L. Nuebel as Junior Civil Engineer at the monthly salary of $899.00, Range 15-D. Ayes: Councilmen: Barb ier, Jensen, Robbins, and Mayor Bettin! Noes: Councilmen: None Absent: Councilmen: Miskimen RE: YOUTH IN GOVERNMENT DAY - File 127 Mayor Bettini announced that Tuesday, May 19th, is Youth in Government Day and the students from San Rafael High School and Terra Linda High School would be present to take over the duties of the City Officers. RE: PERMISSION TO LEAVE CITY - MAYOR BETTINI - File 9-1 Mayor Bettini announced that he would be leaving the United States on June 19th and the City Council granted him permission to be away from the City for more than sixty days. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated May 18th, 1970, and Advice on Payroll dated May 20th, 1970, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT EQUIPMENT & REPLACEMENT STORES CAPITAL IMPROVEMENT PARKING DISTRICT Payroll: GENERAL FUND PARKS FUND LIBRARY FUND Items Held Over: Watercourse Obstruction - File 12-9 Council adjourned. $ 23,879.12 1,477.13 6,326.02 20,877.33 5,946.87 146.32 72,661.45 648.02 $ 131,9 2.2 91,714.80 4,312.50 4,162.06 $ 100,1 9.3 MARION A. GRADY, City Cleric Approved this day of '/u 1,- 19 7y MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, June 1st, 1970 at 8:00 o'clock Pm Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Absent: John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman 3 Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of May 18th, 1970, a true and correct copy having been heretoforesubmitted to each member, were approved. RE: PLANS AND SPECIFICATIONS - PROJECT 41-2020 (70.310-2) TRAFFIC INSTALLATION, FOURTH AND "H" STREETS - File 4-1-162 The following bids were received, opened and read: Steiny & Company, Inc. $ 16,125.00 Flatland & Company 16,950.00 Rosendin Electric Company 17,220.00 Leonardi & Company 17,689.00 Motion was made by Councilman Jensen, seconded by Councilman Barbier, that $16,125.00 be transferred from the unappropriated reserve to cover bid cost. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RESOLUTION NO. 3897 - RESOLUTION OF AWARD OF CONTRACT. (Steiny & Co., Inc.) Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ANIMAL CONTROL - File 13-3 CHARTER ORDINANCE NO. 984 - An ordinance regulating the keeping of animals, reptiles, birds and bees in the City of San Rafael,and numbering Charter Ordinance No. 984 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen and Robbins RE: ABATEMENT PROCEEDINGS - 33 MAYWOOD WAY - File 3-3-20 Chief Building Inspector, Jack Coates informed the council that he and City Engineer, Ely Caillouette, Jr. had met with the owner Mr. Richard Lynch on the site to discuss the possibility of rebuilding the lot. They recommended that the rebuilding be done under the supervision of a qualified soils engineer, and stated that it will take approximately sixty days to complete the filling. The City Attorney was re- quested to draw an agreement between Mr. Lynch and the city providing that sufficient borings be made to determine soil conditions, the filling to take place within a fixed time, and a bond being placed to assure removal of the building if the lot cannot be filled. Councilman Robbins arrived at the meeting. Councilman Jensen excused himself from the meeting. RE: CLARIFICATION OF CITY COUNCIL ACTION ON PICNIC HILL PROPERTIES, 237 PICNIC AVENUE - File 10 - City Attorney, David Menary, Jr. and David Leitner, attorney, representing Mr.Ghirardo and Mr. Hanf re- quested that the city council state which one of two different appearances they had in mind in their action of August 18th, 1969. After discussion, the council agreed that the drawings showing redwood on the top and stucco on the bottom had been intended. As a clarification of its action various plans and drawings were exhibited and marked Exhibit 1 through 11, which would be dated and signed by the applicant and the Planner. Motion was made by Councilman Robbins, seconded by Councilman Barbier, that Exhibit 1 through 11 be adopted as the action of the council and that Exhibit 5 be the guide for landscaping, Exhibit 6 and 7 be the adopted action for the appearance of the ends of the buildings, Exhibit 8, 9, 10 and 11 be the adopted action for the appearance of the sides of the building with the areas colored in a mustered yellow re- presenting portions to be finished in wood and the areas that are uncolored to be portions to be finished in stucco. Ayes: Councilmen: Barbier, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen and Miskimen Councilman Jensen returned to the meeting. RE: CLARIFICATION OF CITY COUNCIL ACTION ON APPEAL OF USE PERMIT 70-18 AT 1002 SECOND STREET - File 10-5 The City Council discussed this matter and indicated that it was their intention to deny the appeal from conditions (a) and (b). RE: PUBLIC EMPLOYEES RETIREMENT SYSTEM - ACTUARIAL STUDY - File 7-1—/� RESOLUTION NO. 3898 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (State Employees Retirement System for Actuarial Study) Ayes: Councilmen: Barbier, Jensen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ANIMAL CONTROL - File 13-3 An ordinance was presented which would permit the Planning Director to issue animal permits with the right of appeal to the Planning Commission and thereafter to the City Council. An ordinance of the City of San Rafael permitting the Planning Director to issue animal permits, and numbering Charter Ordinance No. 985 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ACCEPATANCE OF STREET DEED - HAPPY LANE - File 2-2 Director of Public Works, Norris Rawles presented a Grant Deed from the San Rafael School District to the City of San Rafael for the street known as ''Happy Lane''. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: SCENIC AVENUE DEBRIS WALL - PROJECT 41-2022 (70.128-10) - File 4-1-166 Director of Public Works, Norris Rawles presented plans and specifications for a timber debris wall to protect Scenic Avenue from slide material, as per Cooperative Agreement 69-7H7 between the City of San Rafael and State of California, pursuant to the Emergency Relief Law. RESOLUTION NO. 3900 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 41-2022 (70.128-10) (Bid Opening July 6, 1970) Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: MOBILE HOMES - RECOMMENDATION BY PLANNING COMMISSION - File 10-2 Planning Director, Herbert G. Hotchner presented Technical Report No. 12 regarding mobile homes and mobile home parks and summarized the highlights of it. He reviewed the main points that had been made with the Planning Commission to the effect that mobile homes are a legitimate element of the housing field but do have certain basic problems involved with them in connection with taxation, mobile homes being more comparable to apartments than single family dwellings in terms of their taxation return. City Council accepted in principle the recommendation of the Planning Director and Planning Commission, that mobile homes be permitted as an element of the general housing supply availabe to the public within the City of San Rafael, and authorized the Planning Director to proceed to prepare an ordinance plus the ncecessary related deletions from our existing city code so that mobile homes could be permitted under the proper control and standards. RE: BCDC PROPOSED REGULATIONS - File 135 Planning Director, Herbert G. Hotchner reported to the council that the BCDC proposed regulations to be acted on by BCDC June 4th, 1970, if adopted, will become a part of the California Administrative Code and they will substantially extend the authority of the BCDC to the detriment of cities such as San Rafael. The Council authorized the Planning Director to draft recommendations for their review to be submitted to BCDC prior to the next city council meeting. RE: JUDSON ANNEXATION - File -�-4` 9 Planning Director, Herbert G. Hotchner reported that the Marin County Local Agency Formation Commission authorized annexation of a 1.43 acre parcel (located on Los Ranchitos Road and lying between the Catholic Social Services property and the Housing Authority property next to Golden Hind Blvd.) to the City of San Rafael without notice, hearing or election, the petition having been signed by the owner of 100% of the property involved. At its meeting of May 26, 1970, the Planning Commission unanimously recommended against annexation of this property until it is brought up to City standards. The matter was referred to the Public Works Department for a report, together with a map of the property to be presented at the next city council meeting showing differences between the City standards that exist on that site. The city council authorized the City Manager to develop a policy regarding semi -developed land wanting annexation to the City of San Rafael. 4? RE: JOB DESCRIPTION - POLICE CHIEF - File 7 - City Council approved the job description for Police Chief which was presented. RE: UNAUTHORIZED GRADING - FAIR DRIVE - File 12-17 Director of Public Works, Norris Rawles reported on grading which was done illegally on Fair Drive by a certain party on someone else's property. The property owner will be advised that this was not done by the authority of the City and is a matter between the two parties involved. Motion was made by Councilman Jensen, seconded by Mayer Bettini, passage of the claims. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated June 1st, 1970, and Advice on Payroll dated June 5th, 1970, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERkLFUND PARKS FUND LIBRARY FUND EQUIPMENT & REPLACEMENT FUND STORES FUND CAPITAL IMPROVEMENT PARKING DISTRICT #1 FUND Payroll: GENERAL FUND PARKS FUND LIBRARY FUND Council adjourned to Monday, June 15th, 1970 at 8:00 P. M. $ 13,427.85 492.63 3,742.70 716.00 150.47 754.94 1,425.39 $ 20,709.98 100,666.74 4,732.50 4,044.87 $109, .11 1 MARION A. GRADY, City Clerk 7 Approved t i s /5 elL day of �� �_ i 9-zn MAYOR OF THE CITY OF SAN RAFAEL In a brief ceremony prior to the City Council meeting members of Wilkins Post #37, Inc. American Legion dedicated the fountain in front of City Hall in memory of those who gave their lives for our country in time of war. In the Council Chambers of the City of San Rafael, Monday, June 15th, 1970 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Motion was made by Councilman Jensen, seconded by Councilman Robbins, the minutes of June 1st, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: TRAFFIC SIGNAL INSTALLATION - NORTHGATE DRIVE AND LAS GALLINAS, PROJECT 41-2021 (70.308-7) - File 4-1-165 The following bids were received, opened and read: Leonardi Electric $ 22,360.00 Rosendin Electric Co. 23,219.00 Steiny and Company 23,963.00 Flatland 28,200.00 RESOLUTION NO. 3902 - RESOLUTION OF AWARD OF CONTRACT. (L. H. Leonardi Electric Company) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: MODIFICATION TO PEACOCK GAP AND FRANCISCO BOULEVARD PUMP STATIONS - PROJECT 43-2015 (70.129-9 & 70.130-8) - File 4-1-164 The following bids were received, opened and read: Maggiora & Ghilotti $ 10,875.00 Neil T. Burton 11,298.00 Forde Construction Co. 11,560.00 Soiland Company 12,974.00 RESOLUTION NO. 3903 - RESOLUTION OF AWARD OF CONTRACT. (Maggiora & Ghilotti, Inc.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Robbins, seconded by Councilman Barbier, that $875.00 be transferred from unallocated funds to the Capital Improvement budget to cover the cost of this project. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPEAL OF USE PERMIT UP68-47(f) - ELMO V. MAGGIORA AND HENRY J. GHILOTTI, 1500 JACOBY STREET - File 10-5 The public hearing was declared open. Planning Director, Herbert G. Hotchner explained that the use permit for a public debris dump was renewed for a six months period and the applicants are appealing on the basis that the San Queintin Disposal was granted a two year permit. Mr. Al Bianchi, attorney, representing Maggiora and Ghilotti addressed the council concerning the substantial sum of money involved in equipment necessary to operate this refuse disposal site and the need for a greater length of time in order to amortize the cost. There being no one else present wishing to address the council on the matter, the public hearing was declared closed, The council expressed the feeling tht as the San Quentin Disposal Company had been granted a two year extension of its use permit, Maggiora and Ghilotti, Inc. should receive equal treatment. Motion was made by Councilman Barbier, seconded by Councilman Jensen, that the appeal be sustained and the use permit be granted for a period of two years. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The council discussed the need for putting guide lines in writing for the direction of the Planning Com- mission in matters relating to this area. RE: FREEWAYS AND STATE HIGHWAYS - File 11-16 Mr. Clarence DeLong addressed the council with reference to a letter which had been received by the City from the Division of Highways stating that any temporary or permnanet connection road from the south bound on-ramp area to West Francisco Boulevard is not feasible. He asked what the City will do to pursue 43 the matter. City Engineer, Ely Caillouette, Jr. was instructed to prepare a large scale drawing of that section of the highway to have available when the State Engineer visits the site. RE: ANIAML CONTROL - File 13-3 CHARTER ORDINANCE NO. 985 - An ordinance of the City of San Rafael permitting the Planning Director to issue animal permits, and numbering Charter Ordinance No. 985 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BCDC PROPOSED REGULATIONS - File 135 Planning Director, Herbert G. Hotchner presented a draft of a letter to the San Francisco Bay Conserva- tion and Development Commission concerning regulations proposed fro addition to the California Administra- tive Code. The council approved the draft as submitted, and directed that the letter be prepared for the Mayor's signature. RE: OBNOXIOUS CONDUCT - File 13-8 City Attorney, David Menary, Jr. presented an ordinance pertaining to the subject of topless dancing. An ordinance of the City Council of the City of San Rafael prohibiting certain obnoxious conduct, and numbering Charter Ordinance No. 986 was read, introduced and ordered passed to print by the following vote, towit: Ayes: Councilmen: Barbier, Jensen, Miskimen-, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AMENDMENT TO BUSINESS LICENSE ORDINANCE - File 9-10 The matter of establishing a procedure for licensing the business of conducting dances and other forms of entertainment was continued until the next meeting. RE: SOUTH SAN PEDRO ROAD - LANDSCAPING (PHASES II AND III JOINT POWERS AGREEMENT) - File 4-13-14 Director of Public Works, Norris Rawles presented plans from the County of Marin for the landscaping of South San Pedro Road between Marina Boulevard and Lochinvar Road for review by the City Council. The plans provide for planting Median strip only and include the irrigation system. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the plans as submitted by the County be approved. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Mr. Don Edmondo, President of the Loch Lomond Homeowners Association addressed the council concerning an acre of land in the Loch Lomond area which had been torn up during construction of the road. The City Council agreed to consider the improvement of this land in the Capital Improvement budget and make every effort to improve the situation. RE: IRWIN STREET WIDENING BETWEEN SECOND AND THIRD STREETS - File 11-15 x 11-15.1 City Engineer, Ely Caillouette, Jr. reported on a meeting with the Division of Highways concerning the widening of Irwin Street on the west side between the Irwin Street Bridge and Third Street and on the south side of Third Street between Irwin Street and Netherton Street which would permit a better traffic flow in this congested area. The Traffic Committee has considered this project and recommends that the city council adopt a resolution urging the State to proceed immediately with this project. RESOLUTION NO. 3905 - RESOLUTION REQUESTING DIVISION OF HIGHWAYS TO WIDEN IRWIN STREET AT HIGHWAY 101 OFF -RAMP Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: MINI -PARK EAST CANAL STREET - File 10-5 x 12-5 Planning Director, Herbert G. Hotchner explained that a use permit had been granted by the Planning Com- mission for the Mini -Park on East Canal Street subject to approval by the City Council. City Engineer, Ely Caillouette, Jr. pointed out that the entire area in question is under a slope and dike easement under the San Rafael Cayes Agreement, and the improvement work to be done under the Cayes Agreement may lead to the destruction of part of the park. The council felt that since the developers of the park are aware of this problem and adjustments in the levee improvement limits can be made at the time the remaining levee work is to be done, the use permit could be granted at this time. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to approve the action of the Planning Commission in granting the use permit without being subject to fee. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None ,4 RE: BUDGET HEARINGS - File 8-5 The council acheduled the remaining budget sessions - Police Department, Fire Department and City Manager for June 17th at 7:30: RE: CLAIM FOR PERSONAL INJURIES - JOHN MARTIN CLANCY - File 3-1 A request to present a late claim for injuries which accrued on February 14th was received from John Martin Clancy. Motion was made by Councilman Robbins, seconded by Councilman Jensen, to deny the request for the late claim and refer the matter to the insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None *****-,',see bottom of page RE: AUXILIARY POLICE OFFICERS - File 9-3-30 Motion was made by Councilman Barbier, seconded by Councilman Robbins, to appoint the following named persons as Auxiliary Police Officers. Daniel C. Dufficy Edward A. Brooks Jon S. Nelson Andre R. Horn RE: ALBERT PARK LIGHTING - File 4-1-167 Motion was made by Councilman Jensen, seconded by Councilman Barbier, plans and specifications for the lighting of Albert Park be approved. The bids to be opened June 29th at 7:30 P.M. RESOLUTION NO. 3901 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR ALBERT PARK LIGHTING. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ROAD MATERIALS - FISCAL YEAR 1970-71 - File 4-2-86 RESOLUTION NO. 3904 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR FURNISHING ROAD MATERIALS FOR FISCAL YEAR 1970 - 1971. (Bid Opening Monday, July 6th, 1970) Ayes: Councilmen: Barbier, Jensen, Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Miskimen, Robbins, and Mayor Bettini Councilman John A.Miskimen announced that since he would not be serving on the Bay Air Pollution Control District Board and had made arrangements to lessen his business workload, he would have to continue on the council and therefore, will withdraw his resignation. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated June 15th, 1970, and Advice on Payroll dated June 19th, 1970, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 47,049.61 PARKS FUND 2,163.16 LIBRARY FUND 4,964.88 EMPLOYEE RETIREMENT FUND 20,856.32 EQUIPMENT & REPLACEMENT FUND 5,475.90 STORES FUND 1,673.15 CAPITAL IMPROVEMENT FUND 654.40 $ 85,578.62 Payroll: GENERAL FUND 109,598.85 PARKS FUND 4,456.50 LIBRARY FUND 4,117.13 $118,172-.48 Council adjourned to Monday, June 29th, 1970 at 7:30 P.M. MARION A. GRADY, City Clerk Approved this ^day of19 70 . RE: PERSONNEL - APPOINTMENT OF FIRE CHIEF VANCE TRIVETT - File 7-5 Motion was made b Councilman Jensen seconded b Councilman y y Barbier, Fire Chief Vance Trivett be reappointed for a four MAYOR OF THE CITY OF SAN RAFAEL year term. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Abaent: Councilmen: None 45 In Room 201 in the City of San Rafael, Monday, June 29th, 1970 at 7:30 P. M. Adjourned Meeting: Councilman Robbins arrived at 7:35 P.M. Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Absent: Harry A. Barbier, Councilman Fred C. Robbins, Jr., Councilman RE: BID OPENING - ALBERT PARK LIGHTING - File 4-1-167 The following bids were received, opened and read: Hannibal Electric Company Base Bid $ 27,717.00 Alternate No. 1 466.00 Total..$ 28,183-00 Bowman Electric Company Base Bid $ 28,000.00 Alternate No. 1 650.00 Total..$ 28,650.00 Tresch Electric Base Bid $ 29,111.00 Alternate No. 1 576.00 Total..$ 29, 7.00 Cimino Electric Company Base Bid $ 31,270.00 Alternate No. 1 1,000.00 Total..$ 32,270.00 Leonardi Electric Base Bid $ 37,674.00 Alternate No. 1 9,000.00 Total.. 46-,6-74.00 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to refer the bids to the Public Works Department and that the low bid of Hannibal Electrical Construction Company, lighting at Albert Park be accepted subject to acceptance by the City Engineer. RESOLUTION NO. 3906 - RESOLUTION OF AWARD OF CONTRACT. (Hannibal Electric Company) Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: LAS GALLINAS AVENUE AND MANUEL T. FREITAS PARKWAY - File 11-10 x 4-13-2:&- 2/ City Engineer, Ely Caillouette, Jr. presented a map and explained the signal lighting system at Las Gallinas Avenue and Manuel T. Freitas Parkway. Motion was made by Councilman Robbins, seconded by Councilman Jensen, the council voted to join with the County in a project to improve the signal lighting and system at the intersection of Las Gallinas Avenue and Manuel T. Freitas Parkway. Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier Motion was made by Councilman Jensen, seconded by Councilman Miskimen, passage of the claims. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated June 29th, 1970, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 27,589.38 PARKS FUND 844.07 LIBRARY FUND 1,585.98 EQUIPMENT & REPLACEMENT FUND 2,202.37 STORES FUND 2,755.92 CAPITAL IMPROVEMENT FUND 10,968.91 PARKING DISTRICT NO. 1 FUND 39,046.47 PUBLIC SERVICE DEPOSIT REFUND 675.00 RE: HEALTH AND WELFARE - CONSERVATION - File 13=14 Mayor C. Paul Bettini presented a letter from the Consolidated Fiber Company requesting that the City allow the San Rafael High School Key Club to use the Corporation Yard to store newspapers. Also, per- mission to use the compressor at the Corporation Yard for a period of five or six weeks was granted. Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier Council adjourned. -? L / %G >ee e, - �,., � z e RENEE J. BURD([,5,SDeputy City Clerk Approved this 61'1 day of �c� 19 e �l MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, July 6th, 1970 at 8:00 P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Absent: Fred C. Robbins, Jr., Councilman 47 Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of June 15th and June 29th, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: PRESENTATION OF PAINTING - File 105 A painting ''California Redwoods'' by Mr. Arthur T. England, a long time resident of San Rafael was accepted by the Mayor and City Council as a gift for the San Rafael City Hall. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, a resolution thanking Mr. England for his gift be adopted. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: SCENIC AVENUE DEBRIS WALL - PROJECT 41-2022 (70.128-10) - File 4=1-166 Due to the need to readvertise for bids in order to meet the legal requirements, the council set the date for opening of bids on this project for July 20th at 8:00 P. M. RE: ROAD MATERIALS - FISCAL YEAR 1970-71 - File 4-2-86 Bids for road materials for fiscal year 1970-71 were received, opened and read. The bids were referred to Director of Public Works, Norris Rawles for review and his recommendation to be made at the meeting of July 20th. RE: PUBLIC HEARING - REZONING 11 ELIZABETH WAY; 11, 11-A & 11-B CHESTNUT AVENUE; AND 15 THROUGH 19 ELIZABETH WAY FROM R-1 DISTRICT TO P -C DISTRICT - File 10-3 The Mayor declared the public hearing open. Planning Director, Herbert G. Hotchner stated that the pro- posed rezoning is consistent with the zoning on the rest of the street and the use of the property. No protests to this rezoning have been received. There being no one else present to address the council, 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 14.20.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from an R-1 (Single Family Residential) District to a P -C (Planned Community) District, and numbering Charter Ordinance No. 987 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: Robbins, Jr. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION AA -70-47, PROVISION B - 1002 SECOND STREET, APPELLANT, ROBERT HOPPS - File 10-7 By letter dated June 29th, 1970 Mr. Hopps withdrew his appeal of the Planning Commission's action in this matter. RE: CITY COUNCIL MEETING - JUNE 29th, 1970 - File 9-1 Mr. Tom Rawlins, Business Manager of the San Rafael Firemens Association asked the council if the meeting held on June 29th was open to the public. He was assured that this had been an open meeting. RE: ABATEMENT - 33 MAYWOOD WAY - File 3-3-20 Chief Building Inspector, Jack Coates reported that Mr. Richard Lynch, owner of the property a 33 Maywood Way had not been able to obtain data from his soils engineer relative to reconstructing the structure on this property. The council agreed to continue the matter for two weeks to July 20th. RE: COMMENDATION - SHARON WALSH - File 102 Councilman Jensen commented on the accomplishment of Sharon Walsh, an eighteen year old San Rafael girl who had won the 1970 Junior Tennis Championship at Wimbledon, England and brought recognition to City of San Rafael. Motion was made by Councilman Jensen, seconded by Councilman Barbier, a resolution be adopted and pre- sented to her on her return. RESOLUTION NO. 3909 - RESOLUTION OF COMMENJDATION (Sharon Walsh) Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: OBNOXIOUS CONDUCT - File 13-8 CHARTER ORDINANCE NO. 986 - An ordinance of the City Council of the City of San Rafael prohibiting cer- tain obnoxious conduct, and numbering Charter Ordinance No. 986 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: ABANDONMENT OF SLOPE EASEMENT - File 2-12 The Council considered the request of Anthony J. Moreno, Builder, to abandon a slope easement in connec- tion with construction of a new driveway at 55 Chula Vista Drive. Director of Public Works, Norris Rawles reco-mended that the request be granted subject to grading plans being submitted to the Public Works Department. Motion was made by Councilman Barbier, seconded by Councilman Jensen, that proceedings be initiated to abandon the slope easement subject to approval of plans by the City Engineer and the Director of Public Works. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: AMENDMENT TO BUSINESS LICENSE ORDINANCE- File 9-10 City Manager, James McCown requested that this matter be held over to the meeting of July 20th as the ordinance is not completed. RE: COURT PROCEEDINGS - MARIN MUNICIPAL WATER DISTRICT VS. STATE OF CALIFORNIA, CITY OF SAN RAFAEL, ET AL - File 3-2 Motion was made by Councilman Jensen, seconded by Councilman Barbier, a representative of Dan Coleman & Associates be hired to testify in connection with canal property at the trial on August 17, 1970. RE: ORDINANCE REGULATING MEETINGS, ASSEMBLIES AND PARADES IN PUBLIC PLACES - File 13-8 A proposed ordinance regulating meetings, assemblies and parades in public places was presented by City Manager, James McCown. The matter was held over to the meeting of July 20th to afford the council an opportunity to review the ordinance. RE: ENCROACHMENT PERMIT NO. 191 - 8 REGINA WAY, TERRA LINDA UNIT 21-A - File 2-11 The request of Robert J. McGrath to encroach -8 feet into Lot C (City Property) with 6 foot high wooden fence along the northerly side lot line was considered by the council. Planning Department and the De- partment of Public Works recommended that this encroachment permit be denied as the landscaping which is to be done by the developer of Terra Linda Unit 21-A has not yet been accomplished. Motion was made by Councilman Miskimen, seconded by Councilman Jensen, to deny the encroachment permit. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins,Jr. RE: ENCROACHMENT PERMIT NO. 192 - 1444 FOURTH STREET - File 2-11 Director of Public Works, Norris Rawles reported that the applicant ''Jeans West'' retail store had asked for a 5 foot encroachment in right-of-way with tubular and fabric awning at entrance to store. This will create no problems, and they recommended approval. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, Encroachment Permit No. 192 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: ENCROACHMENT PERMIT NO. 193 - 22 CHULA VISTA DRIVE - File 2-11 Director of Public Works, Norris Rawles recommended that the application of Better Homes Construction Company for permission to encroach 15 feet into right-of-way with concrete driveway ramp and appurtenances at 22 Chula Vista Drive be granted. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, Encroachment Permit No. 193 be granted. Ayes: Councilmen: Barbier, Jensen;, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. 49 RE: PERSONNEL - File 7-3 RESOLUTION NO. 3910 - RESOLUTION AUTHORIZING PAYMENT OF SALARY INCREASES RETROACTIVELY. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: FREITAS PARK REST ROOM - File 4-1-168 RESOLUTION NO. 3907 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR FREITAS PARK REST ROOM. (Bid Opening July 20, 1970) Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, authorizing to place the following personnel on the regular payroll: (a) Robert C. Ciocco, Maintenance Man 1, commencing July 1, 1970, monthly salary $579.00, Range 9, Step A, to fill existing vacancy. (b) Stuart F. McCullock, Equipment Operator, commencing July 6, 1970, monthly salary $670.00, Range 12, Step A, to fill existing vacancy. (c) Gary R. Frugoli, Assistant Recreation Supervisor, commencing July 1, 1970, monthly salary $721.00, Range 13a, Step. 1. (d) James F. Bell, Fireman, commencing July 16, 1970, monthly salary $739.00, Range 14, Step A to fill existing vacancy. (e) Robert B. Hamilton, Fireman, commencing July 16, 1970, monthly salary $739.00, Range 14, Step A, to fill existing vacancy. Ayes: Counci-lmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, Charles Roberts be granted a leave of absence for 'three. -months without pay. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: STREET NUMBERING - File 11-3 Director of Public Works, Norris Rawles reported that Thomas L. Deitz, 27 Laurelwood Court had requested permission to paint house numbers on curbs for an estimated $2.00 fee. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to grant permission provided the details be worked out with the City Manager, and the Public Works Department. This would be private student -operated business. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated July 6th, 1970, and Advice on Payroll dated July 2nd, 1970, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 16,116.80 PARKS FUND 39.54 LIBRARY FUND 727.63 $ 16,883-97 Payroll: GENERAL FUND $103,879.02 PARKS FUND 6,005.25 LIBRARY FUND 4,127.18 $114,0117-5 5 Council adjourned to Monday, July 20th, 1970• MARION A. GRADY, City Clerv— Approved this 0,96 Z"lday of 1971) U MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, July 20th, 1970 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: Fred E. Jensen, Vice -Mayor Harry A. Barbier, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Absent: C. Paul Bettini, Mayor Motion was made by Councilman Barbier, seconded by Councilman Robbins, the minutes of July 6th, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: COMMENDATION - SHARON WALSH - File 102 Vice -Mayor Jensen presented a Resolution of Commendation to Sharon Walsh, represented by her mother, Mrs. Les Walsh, in recognition of her winning the Junior Tennis Championship at Wimbledon, England. RE: SCENIC AVENUE DEBRIS WALL - PROJECT 41-2022 (70.128-10) - File 4-1-166 The following bids were received, opened and read: Unit Price Total Ghilotti Bros. 20.50 $ 13,325.00 Forde Construction Company 13.62 8,853.00 Maggiora & Ghilotti 17.50 11,375.00 RESOLUTION NO. 3911 - RESOLUTION OF AWARD OF CONTRACT. (Forde Construction Company) Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: FREITAS PARK REST ROOM - File 4-1-168 The following bids were received, opened and read: Kitchen Craft of Marin $ 11,611.49 Bimco 10,100.00 RESOLUTION NO. 3912 - RESOLUTION OF AWARD OF CONTRACT. (Bimco) Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini Motion was made by Councilman Barbier, seconded by Councilman Robbins, the money for the above two pro- jects be appropriated from the 1970-71 Capital Improvement Budget. RE: PUBLIC HEARING - ZONING TEXT AMENDMENT SECTION 14.72.040 SO AS TO RESTRICT THE USE OF CERTAIN SUB- STANDARD LOTS - File 10-3 Vice -Mayor Jensen declared the hearing open. Planning Director, Herbert G. Hotchner informed the council that the Planning Commission had initiated this zoning text amendment in order to clarify that after the date of October 1st, 1970, the owner of a nonconforming lot, substandard in size, would lose the non- conforming status if at anytime he simultaneously owned an adjoining lot. The City Attorney has found that the section as presently worded is ambiguous. There being no one else present to address the coun- cil in this matter, the hearing was declared closed. Motion was made by Councilman Robbins, seconded by Councilman Miskimen, to amend the zoning ordinance. An ordinance amending Section 14.72.040 of Title 1f (Zoning) of the San Rafael Municipal Code so as to restrict the use of certain substandard lots, and numbering Charter Ordinance No. 990 was read, intro- duced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: CHARTER ORDINANCE NO. 987 - REZONING 11 ELIZABETH WAY; 11, 11-A & 11-B CHESTNUT AVENUE; AND 15 THROUGH 19 ELIZABETH WAY FROM R-1 DISTRICT TO P -C DISTRICT File 10-3 CHARTER ORDINANCE NO. 987 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.20.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from an R-1 (Single Family Residential) District to a P -C (Planned Com- munity) District, and numbering Charter Ordinance No. 987 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: INDEPENDENT JOURNAL - LABOR DISPUTE - File 134 Mr. William Cannon, 912 Fifth Avenue addressed the Council regarding the demonstration planned for next 51 Saturday by the Independent Journal strike support group. RE: AMENDMENT TO BUSINESS LICENSE ORDINANCE - File 9-10 The matter was held over to the meeting of August 3rd, 1970. RE: ABATEMENT - 33 MAYWOOD WAY - File 3-3-20 Chief Building Inspector Jack Coates reported that Mr. Lynch's engineer is on vacation and requested that the Council grant a two weeks delay in order for the engineer to be present to supervise the construction. The matter was delayed for two weeks. RE: STREET NAME CHANGE - HAZELWOOD DRIVE TO HAZELWOOD LANE --File 11-2 Planning Director, Herbert G. Hotchner reported that the Planning Commission at their meeting of June 23, 1970 recommended that the name of Hazelwood Drive be changed to Hazelwood Lane which will be in conformity with the Street Naming Guide of the San Rafael Gen(:ral Plan. RESOLUTION NO. 3913 - RESOLUTION AFFIRMING THE RECOMMENDATION OF THE PLANNING COMMISSION OF THE CITY OF SAN RAFAEL IN CONNECTION WITH THE RENAMING OF HAZELWOOD DRIVE TO HAZELWOOD LANE. (effective September 20th, 1970) Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: ANIMAL CONTROL - File 13-3 City Attorney, David Menary, Jr. presented an ordinance to correct a clerical error in the numbering of Section 14.73.110 of the San Rafael Municipal Code. An ordinance of the City of San Rafael correcting a clerical error, and numbering Charter Ordinance No. 989 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: ROAD MATERIALS - FISCAL YEAR 1970-71 - File 4-2-86 Director of Public Works,Norris Rawles reported that the bids had been reviewed and resolutions awarding contract to the low bidders had been prepared. RESOLUTION NO. 3915 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1970-71 AS ENUMERATED AND SET FORTH ON THE AGREE- MENT ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. (McPhail's) Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RESOLUTION NO. 3916 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1970-71 AS ENUMERATED AND SET FORTH ON THE AGREE- MENT ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. (Shamrock Materials, Inc.) Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RESOLUTION NO. 3917 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1970-71 AS ENUMERATED AND SET FORTH ON THE AGREE- MENT ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. (Hutchinson Company. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RESOLUTION NO. 3918 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1970-71 AS ENUMERATED AND SET FORTH ON THE AGREE- MENT ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. (Basalt Rock Company, Inc.) Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RESOLUTION NO. 3919 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1970-71 AS ENUMERATED AND SET FORTH ON THE AGREE- MENT ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. (Camgros Gravel & Fuel Company) Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: SPECIAL MUNICIPAL CHARTER AND BOND ELECTION - File 9-4 RESOLUTION NO. 3914 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL CONFIRMING CANVASS BY BOARD OF SUPERVISORS OF MARIN COUNTY OF SPECIAL MUNICIPAL BOND ELECTION AND SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION. (June 2, 1970) Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: ORDINANCE REGULATING MEETINGS, ASSEMBLIES AND PARADES IN PUBLIC PLACES - File 11-22 The proposed ordinance regulating meetings, assemblies and parades in public places was considered by the Council. Mr. Theodore C. Lachelt, volunteer attorney for the American Civil Liberties Union addressed the Council questioning whether or not the ordinance in its present form will survive some constitutional attack. City Attorney, David Menary, Jr. expressed his feeling that the ordinance is valid although in a given factual situation may be declared unconstitutional. An ordinance regulating meetings, assemblies and parades in public places, and numbering Charter Ordinance No. 988 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: FEES FOR APPLICATIONS FOR TIME EXTENSIONS - File 9-10-2 Planning Director, Herbert G. Hotchner reported that the Planning Commission had unanimously recommended that the City Council waive tkre fee for application for time extension subsequent to the initial action on said applications pertaining to that portion of the East San Rafael area east of Bellam on both sides of Highway 17 where becasue of Council concern over drainage in the area a limitation of six months has been placed. The Council discussed the matter. No action was taken. RE: GRANT DEED - ANGELA C. PIERCE TO CITY OF SAN RAFAEL - PORTION OF SECOND STREET - File 2-2 RESOLUTION NO. 3920 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: JUDSON ANNEXATION - File 5-2-48 This matter was continued to the meeting of August 3rd, 1970. RE: CLAIM FOR PROPERTY DAMAGE - 1533 FOURTH STREET - File 3-1 Claim of Mr. Alexander D. Maxwell for damages to a door on his property at 1533 Fourth Street was pre- sented. Repairs to the door will cost $12.00. Motion was made by Councilman Barbier, seconded by Councilman Robbins, to pay this claim. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Hensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to place the following personnel on the regular monthly payroll: (a) Marilyn Colton, Library Assistant 1, commencing July 1, 1970 monthly salary $525.00, Range 6, Step B. (b) David M. Bernardi, Jr., Civil Engineer, commencing July 22, 1970, monthly salary $776.00, Range 15, Step A. (c) Melvin R. Anderson, Groundsman, commencing August 1, 1970, monthly salary $579.00, Range 9, Step A, to fill existing vacancy. (d) Raymond J. Velati, Maintenance Man 1, commencing August 1, 1970, monthly salary $579.00, Range 9, Step A, to fill exist- ing vacancy. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: PARKS AND RECREATION COMMISSION - File 9-2-4 Councilman Fred Robbins announced his resignation from the Parks and Recreation Commission. The Council accepted his resignation. Motion was made by Councilman Robbins, seconded by Councilman Barbier, Robert C. Schoen be appointed to the Parks and Recreation Commission for the unexpired term of Fred Robbins. 53 Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: MINI -PARK - EAST SAN RAFAEL - File 12-5 x 4-4 City Manager, James McCown reported that the Pacific Gas and Electric Company consented to common use of its right-of-way for the development of a mini -park in the East San Rafael area. RESOLUTION NO. 3921 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Pacific Gas and Electric Co.) Ayes: Councilmen: Barbier, Miskimen, Robbins, and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini Councilman Miskimen suggested that the Council renew its program of meeting annually with the various com- missions. It was agreed that this program would be commended in September. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated July 20th, 1970, and Advice on Payroll dated July 20th, 1970, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENRAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT PARKING DISTRICT #1 GAS TAX FUND CAPITAL IMPROVEMENT EQUIPMENT & REPLACEM-ENT Payroll: GENERAL FUND PARKS FUND LIBRARY FUND Council adjourned. $ 9,950.59 1,650.79 2,573.23 51,394.52 134.20 5,257.66 23.18 2,628.58 $ 73,652.7-5 95,558.44 4,331.00 4,376.90 $ 104,266.34 MARION A. GRADY, City Cl_e-rk Approved this J -7W day of �2,ec-:Le -e 19 7c) rS icelMayor of the City an7Rafael In Room 'I^1 of the City Hall of San Rafael, Wednesday, July 29th, 1970 at 7:00 p.m. Special Meeting: Present: Harry A. Barbier, Councilman Fred E. Jensen, Councilmen John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Absent: C. Paul Bettini, Mayor Acting Mayor Fred Jensen called the meeting to order. RE: PERSONNEL - File 7-4 The Council laid down a policy that employees of the City of San Rafael at Department Head level shall not take outside employment without clearing the matter first with the City Manager. The Council then adjourned to the Council Chambers to continue the meeting. RE: WRIT OF MANDAMUS AND ORDER TO SHOW CAUSE - SAN RAFAEL FIREMEN'S ASSOCIATION - File 3-2 Acting Mayor Fred Jensen announced that the members of the City Council, Board of Fire Commissioners and James H. McCown were served this afternoon with a Writ of Mandamus and Order to Show Cause in Court on the 20th day of August 1970 at the hour of 9:00 A.M. on behalf of the San Rafael Firemen's Association. RE: EMPLOYEES' ASSOCIATION AND POLICE ASSOCIATION REQUESTS - File 7-3 x 7-2 City Manager, James H. McCown discussed the requests of the Employees' Association and Police Association and the Council reached agreement in the matter of salary and vacation leave, sick leave, holidays, residency requirements, educational incentive and matron pay. The Council will hold a joint discussion meeting with the Employees' Association, Police Association and Fireman's Association in September to review the results of the actuarial valuation study presently being performed by the State of California Public Employees Retirement System. Also to be considered in September are the matters of reclassification of certain positions, the pay differential for swing shift and Sunday pay, and a grievance procedure. RE: FIREMEN'S ASSOCIATION REQUESTS - File 7-3 x 7=2 Regarding the Firemen's Association requests, the Council directed that the present 63 hour work week for members of the Fire Department remain in effect. The question of parity of pay with the Police Department was continued for discussion at a later date. Salary increases, vacation leave, sick leave, holidays, re- sidency requirements and educational incentive are to be granted on the same basis as for Employees' Association and Police Association members. Council adjourned. MARION A. GRADY, City Clerk. - Approved this day of �19 1;110 P FRED JENSEN, Ac'fiI Mayor of the City of San Rafael 55 In the Council Chambers of the City of San Rafael, Monday, August 3rd, 1970 at 8:00 o'clock P.M. Regular Meeting: Present: Fred E. Jensen, Acting Mayor Harry A. Barbier, Councilman John A. Miskimen, Councilman Absent: C. Paul Bettini, Mayor Fred C. Robbins, Jr., Councilman The meeting was called to order by Acting Mayor Fred E. Jensen. On behalf of the San Rafael City Council Mayor Jensen presented a Civic Award to the San Rafael American Little League team for winning the Marin County Little League All Star Championship and qualifying for the Northern California Tournament. The teams manager accepted the award and introduced the members of the team. RE: APPROVAL OF MINUTES Motion was made by Councilman Barbier, seconded by Councilman Miskimen, the minutes of July 20th, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: ORDINANCE REGULATING MEETINGS, ASSEMBLIES AND PARADES IN PUBLIC PLACES - File 11-22 CHARTER ORDINANCE NO. 988 - An ordinance regulating meetings, assemblies and parades in public places, and numbering Charter Ordinance No. 988 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Miskimen and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Robbins, Jr., and Mayor Bettini RE: ANIMAL CONTROL - File 13-3 CHARTER ORDINANCE NO. 989 - An ordinance of the City of San Rafael correcting a clerical error, and numbering Charter Ordinance No. 989 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Miskimen, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Robbins, Jr., and Mayor Bettini RE: ZONING TEXT AMENDMENT SECTION 14.72.040 SO AS TO RESTRICT THE USE OF CERTAIN SUBSTANDARD LOTS - File 10-3 CHARTER ORDINANCE NO. 990 - An ordinance amending Section 14.72.040 of Title 14 (Zoning) of the San Rafael Municipal Code so as to restrict the use of certain substandard lots, and numbering Charter Ordi- nance No.990 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to - wit. Ayes: Councilmen: Barbier, Miskimen and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Robbins, Jr., and Mayor Bettini RE: ABATEMENT - 33 MAYWOOD WAY - File 3-3-20 Chief Building Inspector Jack Coates reported that Mr. Lynch had brougFPin an engineer's report and appears ready to go as soon as he can line up an inspector for the job. The matter was held over to the meeting of September 8th. RE: JUDSON ANNEXATION - File 5-2-48 RESOLUTION NO. 3922 - RESOLUTION TERMINATING ANNEXATION PROCEEDINGS. Ayes: Councilmen: Barbier, Miskimen and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Robbins, Jr.,and Mayor Bettini RE: JOINT POWERS AGREEMENT - MANUEL T. FREITAS PARKWAY SIGNAL INSTALLATION - File 4-13-21 Marin County Director of Public Works, Donald Frost appeared before the Council requesting that the City allocate an additional $8,110.00 as its share of the installation of Traffic Signals and Channelization at Freitas Parkway and Las Gallinas Avenue. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, the additional funds be allocat- ed. RESOLUTION NO. 3935 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Miskimen and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Robbins, Jr., and Mayor Bettini RE: TELE-VUE SYSTEMS, INC. - STATUS REPORT AND VARIANCE REQUEST - File 9-7-4 x 130 x 2-11 A letter from Tele-Vue Systems, Inc. reporting on the percentage of completion of the various phases and requesting a variance from the ordinance requirements to provide cable service to areas outside of the order provided for in the ordinance was discussed with the Council by Director of Public Works, Norris Rawles. l Mr. Ray Yuans, 36 Woodland Avenue asked Mr. Bergseth of Tele-Vue Systems about service to his area. He was informed that the delay was caused by the need for a telephone pole being replaced and that this has now been done. The matter was continued to the meeting of August 17th and Tele-Vue Systems was requested to meet with City Manager, James McCown and submit a revised schedule. RE: STREET TREES AND SHRUBS - File 11-6 Motion was made by Councilman Barb* r, seconded by Councilman Miskimen, the City will maintain the land- scaping in the Center Island of Manerly Road as this is in line with our policy in other areas. Ayes: Councilmen: Barbier, Miskimen and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Robbins, Jr., and Mayor Bettini RE: PARKING LIMITS - MARY STREET (THIRD STREET TO FOURTH STREET) AND MISSION AVENUE (IRWIN STREET TO GREEN WAY) - File 11-8 Upon recommendation of the Traffic Committee the following resolutions were adopted. RESOLUTION NO. 3923 - A RESOLUTION DESIGNATING AND DESCRIBING TWO (2) HOUR LIMIT PARKING AREAS. Mary Street - (Between Third and Fourth Streets) Both Sides of the Street. Ayes: Councilmen: Barbier, Miskimen, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Robbins, Jr., and Mayor Bettini RESOLUTION NO. 3924 - A RESOLUTION DESIGNATING AND DESCRIBING TWO (2) HOURS LIMIT PARKING AREAS. Mission Avenue - (From Irwin Street to Green Way) Both Sides of the Street. Ayes: Councilmen: Barbier, Miskimen, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Robbins, Jr., and Mayor Bettini RE: ENCROACHMENT PERMIT NO. 194 - MARINA VISTA IMPROVEMENT CLUB - File 2-11 Motion was made by Councilman Miskimen, seconded by Councilman Barbier, to grant a temporary encroachment permit to construct a wooden timber approach ramp over a 12 inch diameter hydraulic dredge pipe across Sea Way Avenue subject to removal of ramp prior to September 15th, 1970. Ayes: Councilmen: Barbier, Miskimen and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Robbins, Jr., and Mayor Bettini RE: ENCROACHMENT PERMIT NO. 195 - ROBERT CORTOPASSI - File 2-11 City Engineer, Ely Caillouette, Jr. explained Robert Cortopass's request for permission to install a con- crete retaining wall, compacted fill and drain rock in right-of-way in order to stabliz an existing slide condition at 270 Bret Harte Road. The encroachment would average approximately (17 feet) into right-of- way for the 30 foot long retaining wall. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, Encroachment Permit No. 195 be granted. Ayes: Councilmen: Barbier, Miskimen and Acting Mayor Jensen Noes: Councilmen: None A bsent:Councilmen: Robbins, Jr., and Mayor Bettini RE: ENCROACHMENT PERMIT NO. 196 - ANTHONY J. MORENO - File 2-11 Motion was made by Councilman Barbier, seconded by Councilman Miskimen, a request of Anthony J. Moreno for permission to construct reinforced concrete retaining wall in public right-of-way to facilitate a driveway connection at 55 Chula Vista Drive be granted. Ayes: Councilmen: Barbier, Miskimen, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Robbins, Jr., and Mayor Bettini RE: FUNDS AND TRANSFER OF FUNDS - File 8-14 Request of Finance Director, John Averett for various budget account transfers to balance the expenditure accounts and the closing of the books on the 1969-70 Budget was presented. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to make the transfers as pre- sented. Ayes: Councilmen: Barbier, Miskimen and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Robbins, Jr., and Mayor Bettini RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to place Julius J. Chernark on the regular payroll as a Fireman commencing August 1, 1970, Range 14, Step A to fill existiing vacancy. Ayes: Councilmen: Barbier, Miskimen and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Robbins, Jr., and Mayor Bettini 57 RE: PERSONNEL - REQUEST FOR LEAVE OF ABSENCE - File 7-5 John S. Smith, Jr. Civil Engineer has requested an extension of his leave of absence without pay. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, to grant an additional one month leave of absence without pay to August 16, 1970. Ayes: Councilmen: Barbier, Miskimen and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Robbins, Jr., and Mayor Bettini RE: PLANNING COMMISSION - File 9-2-6 City Manager, James McCown reported that the terms of Joseph J. Garbarino and John J. Adams to the Planning Commission have expired. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, Joseph J. Garbarino be reappointed to a term of four years. Mr. John J. Adams has indicated that he does not wish to be reappointed. The matter of his successor was held over for two weeks. RE: ASSOCIATION OF BAY AREA GOVERNMENTS - File 111 Motion was made by Councilman Miskimen, seconded by Councilman Barbier, Councilman Fred Robbins, Jr. be appointed as the City of San Rafael's representative to the Association of Bay Area Governments. Ayes: Councilmen: Barbier, Miskimen, and Acting Mayor Jensen Noes: Councilmen: None Absent:Councilmen: Robbins, Jr., and Mayor Bettini RE: SALARY AND WAGES - File 7-3 RESOLUTION NO. 3925 - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL PROVIDING FOR CERTAIN OFFICERS, ASSISTANTS, DEPUTIES, CLERKS AND EMPLOYEES OF THE CITY OF SAN RAFAEL AND FIXING THE COMPENSATION AND WORKING CONDITIONS THEREOF. Ayes: Councilmen: Barbier, Miskimen, and Acting Mayor Jensen Noes: Councilmen: None Absent:Councilmen: Robbins, Jr., and Mayor Bettini RE: BUDGET MEETING - File 8-5 City Manager, James McCown requested that a meeting to consider the Capital Improvement Program and De- partment Head salaries be set for Wednesday, August 5th, 1970 at 7:30 P.M. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated August 3rd, 1970, and Advice on Payroll dated August 5th, 1970, 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 NO. 1 FUND CAPITAL IMPROVEMENT FUND STORES FUND EQUIPMENT & REPLACEMENT FUND Payroll: GENERAL fund PARKS FUND LIBRARY FUND Council adjourned to Wednesday, August 5th, 1970 at 7:30 P.M. $ 19,897.08 699.20 2,526.31 541.21 4.28 622.20 106.45 $ 2 ,39 .73 $118,235.04 7,394.00 4,592.30 $130,221.3 MARION A. GRADY, City Cler Approved this 11'7, day of / L.1970. FR D E. JE SEN, Acting Mayor of the City of San Rafael In the Council Chambers of the City of San Rafael, Wednesday, August 5th, 1970 at 7:30 P.M. Adjourned Regular Meeting: Present: Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Absent: Fred C. Robbins, Jr., Councilman C.Paul Bettini, Mayor Acting Mayor Fred Jensen called the meeting to order. RE: SALARIES OF EMPLOYEES AND WORKING CONDITIONS - File 7-3-1 RESOLUTION NO. 3926 - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 3925 PROVIDING FOR CERTAIN OFFICERS, ASSISTANTS, DEPUTIES, CLERKS AND EMPLOYEES OF THE CITY OF SAN RAFAEL AND FIXING THE COMPENSATION AND WORKING CONDITIONS THERE- OF. Ayes: Councilmen: Barbier, Miskimen, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Robbins, Jr., and Mayor Bettini RE: SALARIES OF EMPLOYEES - FIRE DEPARTMENT PARITY PAY - File 7-3-1 Motion was made by Councilman Miskimen, seconded by Councilman Barbier, the matter of pay for the Fire- men on parity with the Police Department was held over to the meeting of September 8th. RE: CAPITAL IMPROVEMENT PROGRAM The Council reviewed with the Director of Public Works, City Engineer, and the Director of Parks and Re- creation the program for Capital Improvements. MARION A. GRADY, City Clerk" Approved this /'77-1-da�f 19 ttingtMayor of the City of n RA fael 5 In the Council Chambers of the City of San Rafael, Monday, August 17th, 1970 at 8:00 o'clock P.M. Regular Meeting: Present: Harry A. Barb ier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilmen Fred C. Robbins, Jr., Councilman Acting Mayor Fred Jensen called the meeting to order. Absent: Mayor Bettini RE: APPROVAL OF MINUTES Motion was made by Councilman Barbier, seconded by Councilman Robbins, Jr., the minutes of July 29th, August 3rd and 5th, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: TELE-VUE SYSTEMS, INC. (CABLE T. V. SERVICE) - File 9-7-4 x 130 x 2-11 Mr. Leonard Bergseth, area Manager of Tele-Vue Systems, Inc. addressed the council requesting approval for charging in all areas of the City prior to completion of each phase in sequence. Motion was made by Councilman Miskimen, seconded by Coucilman Robbins, to approve charging in Phases 1, II, III, and IV as shown on the map filed with the application, for a period of ninety days. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: APPOINTMENT OF PLANNING COMMISSIONER - File 9-2-6 Motion was made by Councilman Barbier, seconded by Councilman Miskimen, Mr. V. Judson Klein be appointed to the Planning Commission for a four year term to July 1974. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: PARKS AND RECREATION COMMISSION - File 9-2-4 A letter from Mr. Roy R. Rhodes announcing h -is resignation as a member of the Parks and Recreation Com- mission having been received, it was moved by Councilman Robbins, seconded by Councilman Barbier, the resigntion be accepted with regrets. City Manager, James McCown was requested to send a letter expressing appreciation to Mr. Rhodes for his service to the City. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: PLANS AND SPECIFICATIONS - OAKWOOD DRIVE SLIDE REPAIR, PROJECT NO. 41-2022 (70.132.11) - File 4-1-169 RESOLUTION NO. 3927 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR OAKWOOD DRIVE SLIDE REPAIR, PROJECT NO. 41-2022 (70.132-11) Bid opening September 8, 1970) Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilm en: Mayor Bettini RE: PLANS AND SPECIFICATIONS - SANITARY SEWER RELOCATION ON FAIRHILLS DRIVE, PROJECT NO. 43-2014 (70.127-11) - File 4-1-170 RESOLUTION NO. 3928 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR SANITARY SEWER RELOCATION ON FAIRHILLS DRIVE, PROJECT NO. 43-2014 (70.127-11) - Bid Opening September 8th, 1970 Ayes: Councilmen: Barbier, Miksimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: SANITARY SEWER RELOCATION ON SOUTHERN HEIGHTS BLVD., PROJECT NO. 41-2022 (70.133-12) - File 4-1-171 City Engineer, Ely Caillouette, Jr. reported that in order to relocate the sewer the City must acquire an easement at a cost of $1500.00 or as an alternative run 1,000 feet of pipe. He requested approval to have the easement appraised. Motion was made by Councilman Robbins, seconded by Councilman Barbier, that the easement be appraised. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Act Ifig Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: ENCROACHMENT PERMIT NO. 199 - McDONALDS OF SAN RAFAEL, CALIFORNIA, INC. - 2114 FOURTH STREET - File 2-11 City Engineer, Ely Caillouette, Jr. explained that this is an encroachment of 4 feet into the right-of-way to permit construction of a brick garden enclosure for planting area in front of patio, in order to pre- vent slippage of ground and redwood chips caused by excessive slope, and to keep dirt and redwood chips off sidewalk. Motion was made by Councilman Barbier, seconded by Councilman Robbins, Encroachment Permit No. 199 be granted. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent, Councilmen: Mayor Bettini RE: ENCROACHMENT PERMIT NO. 198 - VINCENT SULLIVAN, 12 MARINA COURT DRIVE - File 2-11 City Engineer, Ely Caillouette, Jr. recommended approval of an application for an encroachment permit to construct a 6' high redwood fence and 2' 6" high redwood bulkhead in street right-of-way. Motion was made by Councilman Barbier, seconded by Councilman Robbins, that Encroachment Permit No. 198 be granted. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Moyor Bettini RE: "CECOTTI TRACT" - Final Map - File 5-1-200 City Engineer, Ely Caillouette, Jr. presented the final map of "Cecotti Tract". RESOLUTION NO. 3934 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "CECOTTI TRACT'' Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Je;isen oloes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: CITY -COUNTY JOINT POWE";S AGREEMENT - SENIOR CITIZENS RECREATION PROGRAM - File 4-13-10 Motion was made by Councilman Robbins, seconded by Councilm ai Barbier, that the Mayor and City Clerk be authorized to execute a contract with the County of Marin for the providing of recreational program for senior citizens. RESOLUTION NO. 3933 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (City -County Joint Powers Agreement - Senior Citizens Recreation Program) Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: PAYROLL TRUST FUND - File 8-13-4 RESOLUTION NO. 3929 - RESOLUTION EMENDING RESOLUTION NO. 2139 FOR THE PURPOSE OF INCREASING BALANCE MAINTAINED IN "CITY OF SAN RAFAEL PAYROLL TRUST FUND'' Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: GRANDI ANNEXATION - File 5-2-49 Application having been filed by Charles Grandi for annexation of a parcel of land to the City of San Rafael in accordance with the Annexation of Uninhabited Territory Act of 1939 of the State of California and having approval of the Local Agency Formation Commission, the City Clerk recommended that the hear- ing be set for October 5th, 1970 to comply with the requirements of the Government Code. RESOLUTION NO. 3930 - RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF SAN RAFAEL OF UNIN- HABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "GRANDI ANNEXATION" AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTEST THERETO. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: CLAIM FOR PROPERTY DAMAGE - MRS. KADISH, 51 PEACOCK DRIVE, SAN RAFAEL - File 3-1 Claim from Mrs. Kadish for $59.94 for plumbing services on Sunday, June 28th to clear a sewer stoppage in the lateral was presented. The Council agreed that our position in the past has beeen that the lateral is the responsibility of the property owner. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to deny the claim and refer the matter to our insurance carrier. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini 61 RE: CLAIM FOR PROPERTY DAMAGE - CLIFFORD S. RAY - File 3-1 A claim for repairs to a bicycle in the amount of $17.55 was received from Mr. Clifford S. Ray. Chief of Police Joseph Brusatori reported that the bicycle was accidentally struck by a police officer who admitted being at fault. Motion was made by Councilman Robbins, seconded by Councilman Barbier, the claim in the amount of $17.55 be paid. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: CLAIM FOR PERSONAL INJURY - JANE CHRISTENSEN - File 3-1 A claim was received from Mrs. Jane Christensen relative to an accident at Albert Park Playground on June 29th, 1970 wherein Donna Christensen, age 3, was hurt on the playground slide. A dental bill in the amount of $45.00 accompanied the claim. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, the claim be denied and referred to the insurance carrier. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: AMENDMENT TO PERSONNEL SYSTEM RULES AND REGULATIONS OF THE CITY OF SAN RAFAEL - File 7-3••1 RESOLUTION NO. 3931 - RESOLUTION FIXING THE TIME AND PLACE OF PUBLIC HEARING ON AMENDMENT TO RESOLU- TION NO. 1696 ENTITLED ''PERSONNEL SYSTEM RULES AND REGULATIONS OF THE CITY OF SAN RAFAEL AND FIXING THE POSTING OF SUCH AMENDMENT AND NOTICE THEREOF. (Hearing set for September 21, 1970) Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: PERSONNEL - File 7-5 Motion was made by Councilman Robbins, seconded by Councilman Barbier, Diane Cervelli be placed on the payroll in the position of Typist Clerk I subject to her signing a written contract whereby her position would be subject to a reclassification to take place in September which may result in a reduction in pay. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: TAX RATE - File 9-12-1 Resolution fixing the rate of taxes for fiscal year 1970-71 was presented. RESOLUTION NO. 3932 - RESOLUTION FIXING THE RATE OF TAXES FOR FISCAL YEAR 1970-71. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: CREEK OBSTRUCTION ORDINANCE - File 12-9 City Attorney, David Menary, Jr. reported that he had prepared two ordinances, one relating to public nuisances in general, making abatement a lien against the land, and a second orAinance relating to water courses. He and the Public Works Department will have the ordinances ready for presentation in the next few weeks. RE: AMENDMENT TO BUSINESS LICENSE ORDINANCE - File 9-10 City Manager, James McCown reported progress on the amendment to the business license ordinance covering public dances. RE: APPOINTMENT OF MARIN COUNTY HEALTH OFFICER - File 9-3-19 City Manager, James McCown reported that he is working with the County of Marin in the matter of fees to be charged by the County, and will present a final report in the next few weeks. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated August 17th, 1970, and Advice on Payroll dated August 20th, 1970, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 11,932.54 PARKS FUND 918.82 LIBRARY FUND 227.93 EMPLOYEE RETIREMENT 250.00 PARKING DISTRICT 145.86 CAPITAL IMPROVEMENT 4,661.24 STORES REVOLVING 663.73 EQUIPMENT REPLACEMENT 3,361.35 PARKING METER 3.39 $ 22,16 .86 Payroll: GENERAL FUND $ 120,460.17 PARKS FUND 5,321.00 LIBRARY FUND 5,278.20 $ 131,059.37 Acting Mayor Jensen moved and Councilman Robbins seconded, that the meeting be adjourned in memory of the late Honorable Harold Joseph Haley whose untimely death occurred on August 7th, 1970. MARION A. GRADY, City Clerk Approved this /.day of FREII E. City of 19 70 . /Acting Mayor of the ael In the Council Chambers of the City of San Rafael, Tuesday, September 8th, 1970 at 8:00 P.M. Adjourned Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A.Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman 63 Motion was made by Councilman Jensen, seconded by Councilman Robbins, Jr., the minutes of August 17th, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: PLANS AND SPECIFICATIONS - OAKWOOD DRIVE SLIDE REPAIR, PROJECT NO. 41-2022(70.132.11) - File 4-1-169 The following bids were received, opened and read: J. A. Avella Company $ 23,892.00 Ghilotti Bros. 24,862.50 Maggiroa & Ghilotti 24,887.50 Public Works Department recommended that the award of the contract to J. A. Avella Company, the low bidder, be delayed until an agreement could be reached with Mr. Thayer for an easement across his prop- erty. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Public Works Director was authorized to obtain the services of an appraiser in connection with this easement. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PLANS AND SPECIFICATIONS - SANITARY SEWER RELOCATION ON FAIRHILLS DRIVE, PROJECT NO. 43-2014 (70.127-11) - File 4-1-170 The following bids were received, opened and read: Soiland $ 14,790.30 Everson Construction Co. 14,965.00 Maggiora & Ghilotti 14,362.00 Bids were referred to the Public Works Department for study and it was recommended that the bid be awarded to the low bidder Maggiora and Ghilotti. RESOLUTION NO. 3941 - RESOLUTION OF AWARD OF CONTRACT. (Maggiora and Ghilotti, Inc.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S GRANTING OF ANIMAL PERMIT A70-1 - EDWARD K. WACHSMAN, 50 PALM AVENUE - File 10-10 The hearing was declared open. Mr. Howard E. Baldwin and Mr. James C. Huckins, neighbors adjoining the land where Mr. Edward K. Wachsman was granted permit to keep one Shetland pony and one Arabian horse appealed to the Council to over rule the Planning Commission and deny the permit because of the odor, flies and noise which are present when animals are on the premises. Dr. Edward Miller and Dr. James Steere DVM addressed the Council in behalf of Mr. Wachsman, Dr. Steere stating that the premises could be kept in a sanitary, odor and fly free condition. City Planner, Herbert G. Hotchner reported on the basis for his denial of the permit prior to the Plann- ing Commission's approval. Others addressing the Council in favor of Mr. Wachsman were Dr. Sullivan of Greenbrae, and Dr. Melhoff, Veterinarian. The hearing was closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to sustain the appeal and reverse the action of the Planning Commission. Ayes Councilmen: Barbier, Jensen, Miskimen, Robbins Noes: Councilmen: Mayor Bettini Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DENIAL USE PERMIT 70-70 MARIN OPEN HOUSE, 401 FIRST STREET - File 10-5 Mayor Bettini declared the hearing open, and announced that a letter had been received from Roger Smith, Executive Director, Marin Open House withdrawing the appeal. The hearing was then closed. Motion was made by Councilman Robbins, seconded by Councilman Miskimen, the appeal be denied and the ac- tion of the Planning Commission sustained. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None _f RE: ABATEMENT - 33 MAYWOOD WAY - File 3-3-20 Director of Public Works, Norris Rawles recommended that if Mr. Lynch is allowed to proceed with the work of reconstructing the site, he be required to get permission from adjacent property owners and proceed under the supervision of a registered soils engineer who will certify the work before a building permit is issued. Mr. Lynch was advised by the City Council to commence work on the site under the con- ditions outlined above within the next two weeks as no further continuances or delays will be granted and the building will be abated. RE: MUNICIPAL CODE - ELIMINATING REFERENCE TO SECTION 11.12.020 OF THE SAN RAFAEL MUNICIPAL CODE WHICH HAS HERETOFORE BEEN REPEALED. - File 1-5-1 An ordinance of the City of San Rafael eliminating the reference to Section 11.12.020 of the San Rafael Municipal Code which has heretofore been repealed, and numbering Charter Ordinance No. 991 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF RETAINING WALL - TERRADILLO AVENUE - File 2-5 Public Works Department explained that this easement is required in order to construct a retaining wall on Terradillo Avenue as part of a city project to stabilize the roadway area and recommends that the Council adopt a resolution accepting the grant of easement. RESOLUTION NO. 3936 - RESOLUTION ACCEPTING GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF A RETAINING WALL ON TERRADILLO AVENUE. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHPIENT PERMIT - 32 AND 35 AYALA COURT - File 2-11 This permit is requested to construct decorative screen rock wall across portions of 32 and 35 Ayala Court, 4 feet in back of existing curb and 12 feet into right-of-way. The wall will be 42 feet long and 3 feet high. Public Works Department recommends approval. Motion was made by Councilman Jensen, seconded by Councilman Robbins, Jr. Encroachment Permit No. 200 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PLANS AND SPECIFICATIONS - PROJECT 9617 AND 9619 - DRAINAGE IMPROVEMENTS, BRET HARTE ROAD AND FORBES AVENUE - File 4-1-17k RESOLUTION NO. 3937 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 9617 AND 9619 DRAINAGE IMPROVEMENTS - BRET HARTE ROAD AND FORBES AVENUE. (Bid Opening 8:00 o'clock P.M., on Monday, the 21st day of September, 1970) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PLANS AND SPECIFICATIONS - PROJECT 9616-70.134 - RETAINING WALL ON TERRADILLO AVENUE - File 4-1-172 RESCLUTION NO. 3938 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 9616-70.134 RETAINING WALL ON TERRADILLO AVENUE. (Bid Opening 8:00 o'clock P.M., on Monday, the 21st day of September, 1970) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PLANS AND SPECIFICATIONS - PROJECT 9311-70.131 - RESURFACING OF VARIOUS STREETS - File 4-1-173 RESOLUTION NO. 3939 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 9311-70.131 RESURFACING OF VARIOUS STREETS. (Bid Opening 8:00 o'clock P.M., on Monday, the 21st day of September, 1970) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LEAGUE OF CALIFORNIA CITIES - VOTING REPRESENTATIVE AND ALTERNATE - File 9-11-1 Motion was made by Councilman Jensen, seconded by Councilman Barbier, Mayor C. Paul Bettini be designated as the Voting Representative for the City of San Rafael at the League of California Cities Conference in San Diego October 25-28, 1970. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen. None 65 Motion was made by Councilman Miskimen, seconded by Councilman Jensen, Councilman Fred Robbins, Jr. be appointed as Alternate Voting Representative. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SANITATION - SEWERS - File 12-6 x 4-3-35 Director of Public Works, Norris Rawles recommended to the City Council the adoption of the report for the improvements and additions to the Sanitary Sewer System, City of San Rafael, California June 1969 as prepared by Dan Coleman Associates. RESOLUTION NO. 3940 - A RESOLUTION AUTHORIZING THE ADOPTION OF THE REPORT FOR THE IMPROVEMENTS AND ADDITIONS TO THE SANITARY SEWER SYSTEM, PREPARED BY DAN COLEMAN ASSOCIATES, JUNE, 1969. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Ncne RE: PARKS AND RECREATION COMMISSION - File 9-2-4 Motion was made by Ccuncilman Barbier, seconded by Councilman Robbins, Councilman Fred Jensen be appointed to the vacancy on the Parks and Recreation Commission to fill the unexpired term of Rey R. Phodes. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: Ncne Absent: Councilmen: Ncne RE : PERSONNEL - F i l e 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to place Paul J. Whifney on the re- gular payroll as a Patrolman commencing September 15, 1970, monthly salary $812.00, Range 14a, Step A. Ayes: Councilmen: Barbier, Jensen, Miskimen,Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ECONOMIC CPPORTLNI7Y COUNCIL - APPOINTMENT OF REPRESENTATIVE - File 13-1 City Manager, James McCown was requested tc look into the possibility of appointing someone from the staff of the City of Sar Rafael to represent the. City on the Economic Opportunity Council. RE: GLENWOOD STORM WATER PUMP - File 12-9 The City Council instructed Director of Public Works to write a letter to the Sar Rafael School Board re- minding them that the City has not accepted the Glenwood Storrs Water Pump and noting the reasons therefor. RE. DRAINAGE PROBLEM - SAN RAFAEL AVENUE AND "D'' STREET - File 1 12-9 Public Works Department was requested to report at the next meeting necessary steps to be taken and cost for correcting the drainage problems at Sar Rafael Avenue and "D" Street. RE: DESIGN OF CITY FLAG - File 132 Councilman Miskimen reported that he had met with Dr. John Plank, Superintendent of Schools and plans are being formulated for the flag design contest. RE: PERSCNNEL - File 7-3 City Manager was instructed to look into the Fire Commission's recommendations to provide a person other than the present Fire Capitain to work on the Fire Alarm Systm. RE: PUBLIC EATING PLACES - File 13-6 City Manager was instructed to have prepared an ordinance relating to persons going barefoot in eating places and report back to the next meeting. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated September 8th, 1970, and Advice on Payroll dated September 4th, 1970, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 50,045.26 PARKS FUND 2,121.76 LIBRARY FUND 4,617.12 EMPLOYEE RETIREMENT FUND 21,377.98 PARKING DISTRICT NO. 1 552.71 CAPITAL IMPROVEMENT FUND 23,705.07 STORES FUND 882.86 EQUIPMENT & REPLACEMENT FUND 3,116.76 $ 10 19.52 Payroll: GENERAL FUND $ 108.,817.40 PARKS FUND 5,038.00 LIBRARY FUND 4,712.20 $ 118,567.60 Council adjourned to Monday, September 21st, 1970 at 8:00 P. -M. MARION A. GRADY, City Clerk Approved this day of 1910 MAYOR OF THE CITY OF SAN RAFAEL 67 In the Council Chambers of the City of San Rafael, Monday, September 14th, 1970 at 8:00 o'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman RE: SALARIES OF EMPLOYEES AND WORKING CONDITIONS - File 7-3-1 Mr. Thornton C. Bunch, Jr. appeared before the Council on behalf of the San Rafael Firemen's Associa- tion in their request for parity of pay with the San Rafael Police Department and a work week of 60 hours. He presented a comparison of the pay and hours of work of the local Firemen with various other cities in the State of California. Motion was made by Councilman Barbier, seconded by Councilman Jensen, the 63 -hour work -week for San Rafael Firemen remain unchanged for fiscal year 1970-71. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Barbier, seconded by Councilman -Jensen, request of San Rafael Firemen's Association for parity pay with San Rafael Policemen be denied. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: Miskimen Absent: Councilmen: None Council adjourned. ��_ e�l z MARION A. GRADY, City Clerk Approved this 11?/qday of , i9 -?a^. c� I �?L MAYOR OF THE CIT OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, September 21st, 1970 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Fred C. Robbins, Jr., Councilman Absent: John A. Miskimen, Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of September 8th and 14th, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: BID OPENING - PROJECT 9617 AND 9619 - DRAINAGE IMPROVEMENTS, BRET HARTE ROAD AND FORBES AVENUE - File 4-1-174 The following bids were received, opened and read: Maggiora & Ghilotti Ghilotti Bros., Inc. The bids were referred to the Public Works Department and upon recommendation of Director of Public Works, Norris Rawles, the contract was awarded to the low bidder, Maggiora and Ghilotti, Inc. RESOLUTION NO. 3942 - RESOLUTION OF AWARD OF CONTRACT. (Maggiora and Ghilotti) Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: BID OPENING - PROJECT 9616-70.134 - RETAINING WALL ON TERRADILLO AVENUE - File 4-1-172 The following bids were received, opened and read: Ghilotti Bros., Inc. $ 4,362.50 Maggiora & Ghilotti 4,400.00 Dalzell Corp. (Emeryville) 5,895.00 Carcano-Velc:ich Associates 8,450.00 The bids were referred to the Public Works Department and upon recommendation of Director of Public Works Norris Rawles, the contract was awarded to the low bidder, Bhilotti Bros. RESOLUTION NO. 3943 - RESOLUTION OF AWARD OF CONTRACT. (Ghilotti Bros.) Ayes: Councilmen: Barbie r, Jensen, Robbins, Jr. and Mayor Bettin1 Noes: Councilmen: None Absent: Councilmen: Miskimen RE: BID OPENING - PROJECT 9311-70.131 - RESURFACING OF VARIOUS STREETS - File 4-1-173 The following bids were received, opened and read: Bresnan-Delacio $ 66,476.00 Ghilotti Bros., Inc. 70,678.64 Forde Construction Company 72,379.16 Brown -Ely Company 74,669.60 The bids were referred to the Department of Public Works and upon recommendation of Director of Public Works Norris Rawles, the contract was awarded to the low bidder, Bresnan-Delacio. RESOLUTION NO. 3944 - RESOLUTION OF AWARD OF CONTRACT. (Bresnan-Delacio) Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PUBLIC HEARING - AMENDMENT TO PERSONNEL SYSTEM RULES AND REGULATIONS OF THE CITY OF SAN RAFAEL File 7-3-1 This being the time and place set for public hearing on amendment to Resolution No. 1696 entitled "Personal System Rules and Regulations of the City of San Rafael', the Mayor declared the hearing open. There being no one present wishing to discuss the matter, the hearing was closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Resolution No. 3945 was adopted. RESOLUTION NO. 3945 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING RESOLUTION NO. 1696 ENTITLED ''PERSONNEL SYSTEM RULES AND REGULATIONS OF THE CITY OF SAN RAFAEL.'' Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ELIMINATING REFERENCE TO SECTION 11.12.020 OF THE SAN RAFAEL MUNICIPAL CODE WHICH HAS HERETOFORE BEEN REPEALED - File 1-5-1 CHARTER ORDINANCE NO. 991 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ELIMINATING THE REFERENCE TO 69 SECTION 11.12.020 OF THE SAN RAFAEL MUNICIPAL CODE WHICH HAS HERETOFORE BEEN REPEALED, AND NUMBERING CHARTER ORDINANCE NO. 991 WAS PASSED AND ADOPTED AS.AN ORDINANCE OF THE CITY OF SAN RAFAEL BY THE FOLLOWING VOTE, TO -WIT: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - File 6-22 x 12-9 City Engineer, Ely Caillouette, Jr. displayed a map of the proposed drainage assessment district and made a detailed presentation of the operation of the system indicating that vasically this is a low level fill. A system of culverts, channels, ponding area and a pump station will be constructed. The City Engineer stated that he did not hesitate to recommend a low level fill development provided the proper engineer- ing criteria for construction was adopted by the Council. Council discussed the possibility of requir- ing a levee be constructed with the assessment distri ct but held off any action until the problem of constructing the outer levee could be reviewed with the proposed Assessment District Attorney, Mr. Ed Ness. RE: NUISANCE ABATEMENT - File 3-3 City Attorney, David Menary, Jr. presented an ordinance for the purpose of better nuisance abatement con- trol to parallel the new Water Course Ordinance. An ordinance establishing an alternate procedure for the abatement of public nuisances. and numbering Charter Ordinance No. 992 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: DRAINAGE AND FLOOD CONTROL - WATER COURSES - File 12-9 City Attorney, David Menary, Jr. presented an ordinance which will allow control of drainage channels on private property. The ordinance has been reviewed by the Public Works Department and they recommend that the ordinance be approved. An ordinance amending Title 11 of the San Rafael Municipal Code so as to impose regulations with res- pect to water courses, and numbering Charter Ordinance No. 993 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: INSTALLATION OF DOCKSIDE SEWERS IN ALL MARINAS AND ALL PIERS - File 13-1.2 Resolution No. 70-65 of the California Regional Water Quality Control Board - San Francisco Bay Region which recommends that all Agencies having jurisdiction, require by ordinance or other means, the in- stallation in all marinas and on all piers of dockside sewers capable of receiving wastes-frp, vesse; holding tanks was discussed. Director of Public Works, Norris Rawles was requested to investigate the recommendation and report back to the City Council. RE: ENCROACHMENT PERMIT - WILLIAM B. BARNES - 138 SOUTHERN HEIGHTS BOULEVARD - File 2-11 This request is for permission to install a timber debris wall 4 feet high, and 30 feet long into Pearce Road right-of-way. A wall is required to stabilize an existing slide condition on private property, and approval is recommended by the Public Works Department. Motion was made by Councilman Barbier, seconded by Councilman Jensen, Encroachment Permit No. 202 be granted. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: OAKWOOD DRIVE SLIDE CORRECTION - PROJECT 41-2022(70.132-11 - File 4-1-169 Director of Public Works, Norris Rawles reported that an appraisalhad been received on the right-of-way on adjacent property. City Attorney, David Menary, Jr. was asked to look into the matter and report back at the next Council meeting October 5th. RE: SAN RAFAEL AVENUE DRAINAGE CORRECTION - File 12-9 x 4-1-175 Public Works Director, Norris Rawles showed plans to the City Council for the correction of the drainage problem at San Rafael Avenue and "D" Street. Cost of the project is estimated at $4,000.00 and it is not included in the budget for fiscal year 1970-71. RESOLUTION NO. 3946 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 9623-70.138 SAN RAFAEL AVENUE DRAINAGE CORRECTION (Bid Opening October 5th, 1970) Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: SUPPLEMENTAL_ CULVERT - FIFTH AVENUE AT LEAFWOOD CIRCLE - File 12-9 City Engineer, Ely Cailloutte, Jr. reported that there have been complaints of damage to private prop- erty because of back-up from our culvert at Fifth Avenue at Leafwood Circle. He recommends that a supplemental culvert be constructed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to proceed with the plans and specifications for the supplemental culvert across Fifth Avenue at Leafwood Circle. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: FRANCISCO BLVD. (EAST) - CUL-DE-SAC FOR PUMP STATION SITE - File 11-16 x 12-7 City Engineer, Ely Caillouette, Jr. reported on a letter from the State of California, Division of High- ways regarding location of the pumping station originally proposed to be located at Second and Irwin Street. Because the pump station at this location will interfere with future viaduct construction as well as the Irwin Street widening, and will take probably at least six months to get approval through the various agencies, the State has proposed the possible use of the existing cul-de-sac area at the end of Francisco Blvd. (E_st). The State would commence relinquishment of this area immediately if it is requested by the City. Motion was made by Councilman Robbins, seconded by Councilman Jensen, to ask the Division of Highways to proceed with the reglingishment of Francisco Boulevard cul-de-sac as fast as possible and that the City waive the ninety days notice of intent to relinquish. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: EXCLUSION OF: SMITH BROS. RANCH FROM AGRICULTURAL PRESERVE - File 10-2 Planning Director, Herbert G. Hotchner reported on a letter from Edward and Jordan Smith, owners of the Smiths ranch recently annexed to the City of San Rafael. They request that their property which is in an area established by the County of Marin as an Agricultural Preserve be disestablished from the Agricultural Preserve. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the matter be referred to the Planning Department for a report. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: LIBRARY IMPROVEMENT AND DEVELOPMENT - File 12-8 x 4 -3 -4; - An agreement between the City of San Rafael and the ''Consulting Organization'' for the continuation and completion of the Master Planning for the San Rafael Library was presented. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to enter into this agreement. RESOLUTION NO. 3947 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Consulting Organization & City of San Rafael to Complete Its Long Range Master Plan) Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PUBLIC UTILITIES COMMISSION - POLLUTION OF RAILROAD RIGHTS-OF-WAY - File 9-11-5 x 117 A letter from the State Public Utilities Commission relative to a proposal for a General Order Prohibit- ing Pollution of Railroad Rights -of -Way by Railroad Corporations was noted, and the Council directed that a communication be sent to the commission asking them to investigate. RE: SANITARY SEWER RECONSTRUCTION PROGRAM - File 12-6 Director of Public Works Norris Rawles presented a schedule of the Capital Improvement Projects for 1970- 71 including Sanitary Sewer Construction work in which HUD is ecpected to participate. The Public Works Director requested approval for hiring an engineering firm to work on the engineering design for the sewer improvement project and was authorized to present a proposal from an engineering firm at the next Council meeting. RE: PUBLIC EATING PLACES - File 13-6 i y manager, James MVUW11 Ft--por-Led chat no model ordinance is available from the League of California Cities relating to persons going barefoot in eating places and that he will have one drawn up soon. RE: ACTUARIAL STUDY - STATE PERSONNEL EMPLOYEES RETIREMENT SYSTEM - File 7-1-19 Finance Director John Averett reported on the actuarial study received from the State of California for the full 1/60th benefit for miscellaneous employees and full one-half pay at 55 benefit for safety em- ployees, and the inclusion of retired employees in the improved plan. City Manager, James McCown will discuss the matter with the employees and report back to the Council. RE: VICTOR JONES PARK - File 2-1-24 City Manager, James McCown reported on a request from Mr. and Mrs. Ted Ponseti, 74 Robinhood Drive to purchase an unused portion of Victor Jones Park, a triangular strip of 1,901 square feet adjacent to 7_1 their lot. The Department of Public Works and the Parks and Recreation Department have declared that the piece is surplus property. The City Manager was requested to get appraisal of this property and to negotiate for the sale. RE: CLAIM FOR PROPERTY DAMAGE - LEROY V. ZIEGLER - File 3-1 A claim from Mr. Leroy V. Ziegler for damage to his camper from a protruding two-hour parking post which was bent and leaning toward the street was presented. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the claim be denied and referred to the insurance company. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent; Councilmen: Miskimen RE: ABATEMENT - 33 MAYWOOD WAY - File 3-3-20 Mayor Bettini asked Mr. Richard Lynch if there had been any work started on his property at 33 Maywood Way. He reported that Holtzinger Bros. had been there at 4:00 o'clock this afternoon. The Mayor felt that there was no indication that work would proceed on the job and moved to abate the building within thirty days. The motion died for lack of a second. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that abatement proceedings be started and if within two weeks enough work has been completed to satisfaction of the City Engineer, the proceedings will be called off. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. Noes: Councilmen: Mayor Bettini Absent: Councilmen: Miskimen RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to place the following personnel on the regular payroll: (a) Lloyd Strom, Junior Civil Engineer to Assistant Civil Engineer at First Step, Range 17, Step A, monthly salary $911.00, commencing October 1, 1970. (b) Douglas Brown as Assistant Civil Engineer, commencing October 1, 1970, monthly salary $954.00,. Range 17, Step B. (c) Robert James Cunha, Patrolman, monthly salary $812.00, Range 14a, Step A. com- mencing October 1, 1970. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PACIFIC TELEPHONE & TELEGRAPH COMPANY - File 121 The City Council directed that a letter be written to Mr. Eddy, Pacific Telephone Company thanking him on behalf cf the City Council for removal cf telephone poles at Fourth and Lincoln. RE: ABATEMENT - File 3-3 City Building Inspector Jack Coates was instructed to investigate the matter of the abandoned service station at the southeast corner of Irwin Street and Fourth Street. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated September 21st, 1970, and Advice on Payroll dated September 18th, 1970, and now on file in Finance office to which reference is hereby rade for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT PARKING DISTRICT CAPITAL IMPROVEMENT STORES REVOLVING EQUIPMENT REPLACEMENT Payroll: Council adjourned. GENERAL FUND PARKS FUND LIBRARY FUND $ 34,934.87 5,518.49 2,458.02 176.61 309.47 2,741.62 1,642.14 2,747.6o $ 50,528. 2 $ 102,447.42 4,697.65 4,641 52 T1_ —11-77T6 QRZ // " 7 MAR[ON A. GRADY, City C er Approved this 6-7 day of a4, 19 7v. MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, October 5th, 1970 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Motion was made by Councilman Jensen, seconded by Councilman Robbins, Jr., the minutes of September 21st, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: BID OPENING - SAN RAFAEL AVENUE DRAINAGE CORRECTION - File 12-9 x 4-1-175 The following bids were received, opened and read: Bresnan-Dalecio $ 4,034.32 Maggiora & Ghilotti $ 4,248.00 The bids were referred to Director of Public Works, Norris Rawles who recommended that the low bidder, Bresnan-Dalecio be awarded the contract. RESOLUTION NO. 3948 - RESOLUTION OF AWARD OF CONTRACT. (Bresnan-Dalecio) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - GRANDI ANNEXATION - File 5-2-49 Mayor Bettini declared the hearing open. City Planning Director, Herbert G. Hotchner reported that Mr. Charles Grandi had applied to the Local Agency Formation Comiission for annexation to the San Rafael Sanitation District intending to construct a residence on his lot. The San Rafael Sanitation District made a request of the Local Agency Formation Commission that the property also be annexed to the City of San Rafael. The Local Agency Formation Commission passed that recommendation and authorized the annexa- tion to the sanitation district contingent on this annexation to the City of San Rafael. They also re- commended that three additional properties be included in the annexation in order to straighten city limits line. Mr. Charles Grandi addressed the Council stating that he wanted his property annexed to the City, however, the additional property owners object to being annexed. City Attorney, David Menary, Jr. pointed out that property within the annexed territory may not be taxed to pay any indebtedness or liability of the city contracted prior to or existing at the time of annexation unless there is consent from owners of two-thirds of the value of the territory and this we do not have. Mayor Bettini suggested that Mr. Grandi refer the matter back to the Local Agency Formation Commission advising them that the other property owners are objecting to being annexed. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that the City is in favor of annexing Mr. Charles Grandi's property, and that the matter be referred back to the Local Agency Forma- tion Commission for their approval. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The hearing was continued to the meeting of November 2nd, 1970. RE: PUBLIC HEARING - APPEAL OF AA70-73, SIGN REPLACEMENT, REMOVAL AND ADDITIONS - MOBIL OIL CORPORATION, 575 SECOND STREET - File 10-7 Mayor Bettini declared the hearing open. City Planning Director, Herbert G. Hotchner reported on the action taken by the Planning Commission in unanimously granting approval for the change in signs at the Mobil Service Station on Second and Irwin Street. The Commission felt that the signs were more attractive and, also, of less square footage than the existing signs. The Marin Independent Service Station Associa- tion at the Planning Commission hearing, objected to the new signing as the main purpose for the change was to permit a self service gas station. Mr. Robert Moore, Executive Secretary of Marin Independent Service Station Association addressed the Council objecting to a permanent sign with temporary changes, stating that the City would then have to allow all service stations to use the same method of signing even if their signs are not as attactive. He also claimed that posting of price would represent an agree- ment between the dealer and the supplier in violation of anti-trust laws. Mr. Thomas Atkinson, Area Sales Manager from Mobil Oil Company addressed the Council on behalf of his company's proposed sign changes. The Council discussed the fact that the main purpose for the change in signs was to permit a self service gas station. After lenghty discussion concerning this aspect, the Mayor declared the hearing closed. Motion was made by Councilman Robbins, Jr. seconded by Councilman Miskimen, to deny the appeal and uphold the Planning Commission's decision. Ayes: Councilmen: Miskimen, Robbins, Jr. Noes: Councilmen: Barbier, Jensen and Mayor Bettini Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the appeal be upheld and the decision of the Planning Commission overruled. Ayes: Councilmen: Barbier, Jensen and Mayor Bettini Noes: Councilmen: Miskimen and Robbins, Jr. Absent: Councilmen: None RE: ENDORSEMENT - File 136 Dr. John Grasham, President of College of Marin addressed the Council requesting their endorsement of 73 County Proposition "B" and "C" on the November ballot, which would provide financial aid to the College of Marin. The Council informed Dr. Grasham that it has been their policy not to take a position on tax matters of otheragencies. RE: CONSERVATION - File 13-14 Mrs. Renee McIntyre, 21 Convent Court addressed the Council asking that they pass a resolution urging the Bay Conservation and Development to vote "NO" on the development of 18 acres of bay fill north of the Ferry Building. The Council felt that they should be better informed in the matter before taking a stand and requested Mrs. McIntyre to give information to the City Manager for his investigation. RE: CHARTER ORDINANCE NO. 993 - DRAINAGE AND FLOOD CONTROL - WATER COURSES - Final Adoption - File 12-9 CHARTER ORDINANCE NO. 993 - An ordinance amending Title II of the San Rafael Municipal Code so as to im- pose regulations with tespect to water courses, and numbering Charter Ordinance No. 993 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilm en: None RE: ENCROACHMENT PERMIT - R. E. NOLAN, 36o COLEMAN DRIVE - File 2-11 Public Works Director, Norris Rawles recommended that the Council approve an application for a three foot encroachment into right-of-way with reinforced concrete footing and wing wall to support proposed driveway ramp connection at 360 Coleman Drive. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Encroachment Permit No. 203 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PROJECT 43-2015 (70.129-9 and 70.139.8) MODIFICATIONS TO PEACOCK GAP AND FRANCISCO BOULEVARD PUMP STATIONS - File 4-1-164 Director of Public Works, Norris Rawles reported that the contractor on the Peacock Gap and Francisco Boulevard Pump Stations project has requested an extension of 15 calendar days because of a delay in the delivery of certain equipment. RESOLUTION NO. 3949 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. (Extended to and including the 19th day of October, 1970) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: OAKWOOD DRIVE SLIDE CORRECTION - PROJECT 41-2022(70.132-11) - File 4-1-169 City Attorney, David Menary, Jr. reported that Public Works Department has negotiated with the property owner to acquire the property of Anna H. Thayer et al at a price of $5,750.00 so as to accomplish City Project 41-2022, (70.132-11), "Oakwood Drive Slide Repair". The property consists of three acres and is a potential building or park site. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to purchase the property at a price of $5,750.00 and budget this sum of money from the unappropriated reserve. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: OAKWOOD DRIVE SLIDE CORRECTION - PROJECT 41-2022(70.132-11 - File 4-1-169 Director of Public Works Norris Rawles recommended that the contract be awarded to J. A. Avella Company, low bidder at a sum of $23,892.00. RESOLUTION NO. 3950 - RESOLUTION OF AWARD OF CONTRACT. (J. A. Avella Company) Ayes: Councilmen: Barbier,Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT - ENGINEERING DESIGN - SANITARY SEWER RECONSTRUCTION PROGRAM - File 12-6 x4-3-43 Director of Public Works, Norris Rawles presented a proposal from Dan Coleman Associates to perform en- gineering design for the Sanitary Sewer Reconstruction Program with the provision that the work will be accomplished prior to December 15th, 1970. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the Mayor and City Clerk be authorized to execute the agreement with Dan Coleman Associates as amended by the City Attorney. The Director of Public %,,orks requested that he be permitted to authorize the work to proceed immediately. The Council had no objection to this. RESOLUTION NO. 3951 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Dan Coleman Associates - Engineering Design - Sanitary Sewer Reconstruction Program) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL CANAL - File 12-10 Planning Director, Herbert G. Hotchner presented a request of the Planning Commission for a policy deter- mination in the following matter: Should the City of San Rafael approve subdivision on and use permits for property traversed by the Allardt`s Canal or should all applications be denied until such time as legal actions to quiet title now being filed by property owners against the City of San Rafael and State of California are settled in a court of law? Mr. Hotchner displayed a map showing the properties involved. The matter was discussed with the City Attorney, however, the proponents of a subdivision in this area were not able to be present at the meeting and the matter was continued until the meeting of Oc tober 19th. RE: ACTUARIAL STUDY - STATE PERSONNEL EMPLOYEES RETIREMENT SYSTEM - File 7-1-19 City Manager, James McCown reported that he has a meeting with the City Employees Association scheduled for next Wednesday at which time he will discuss the State's actuarial study with them and report to the City Council at its next meeting. RE: INSTALLATION OF DOCKSIDE SEWERS IN ALL MARINAS AND ALL PIERS - File 13-12 Concerning the recommendation of the California Regional Water Quality Control Board that all agencies having jurisdiction require the installation in all marinas and all piers of dockside sewers, Director of Public Works, Norris Rawles reported that the matter requires a lenghty investigation. The Council authorized continuance to the first meeting in December. RE: ABATEMENT - 33 MAYWOOD WAY - File 3-3-20 Chief Building Inspector, Jack Coates reported that a meeting had been held on the site on the evening of October 2nd with Mr. Lynch, Mr. Charles Grandi, the adjoining property owner, the Soils Engineer and the City Engineer to go over the requirements that the City Engineer has drawn up in order that everyone will understand the conditions under which this work will be permitted. Partial permit for foundation and re- taining walls has been issued today and the work will start as soon as the grading contractor can move the equipment in. The Mayor and Council accepted the report and expressed satisfaction that Mr. Lynch is doing what he can to proceed with the slide repair. RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Jensen, to place the following on the re- gular payroll: (a) John R. Wolf - Associate Planner, Range 16, Step C, monthly salary $954.00 com- mencing October 1, 1970. (b) Robin D. Coles - Parking Enforcement Officer, Range 7, Step A, monthly salary $590.00 commencing October 1, 1970. (c) Forrest D. Brandon -Patrolman, Range 14a, Step A, monthly salary, $812.00 commencing October 1 , 1970. (d) Don R. Presley - Equipment Operator, Range 12, Step B, monthly salary $759.00 com- mencing October 12, 1970. (e) Robert W. Marvin - Patrolman, (reinstated), Range 14a, Step D, monthly salary, $932.00 commencing November 1, 1970. (f) John A. Paysee - Automotive Mechanic, Range 13, Step C, monthly salary, $831.00 com- mencing October 12, 1970 Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Barbier, the following pefsons be appointed as Auxiliary Police Officers. Gerald Kellsall Harvey Head Motion was made by Councilman Jensen, seconded by Councilman Barbier, to grant the request of John T. Goodale, Administrative Assistant for leave of absence without pay effective September 11, 1970 for six months. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None 75 RE: CLAIN FOR PROPERTY DAMAGE - File 3-1 A claim from Gwendclyn Ferreira for damage to her parked car was received. Motion was made by Councilman Barbier, seconded by Councilman Robbins, that our insurance coverage be checked to determine if we have a $250.00 deductible. If so, the claim in the amount of the low es- timate $105.3C to be paid and the City Attorney prepare a release to be signed by the claimant. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PERSONAL INJURY - KELLY NILES AND DAVID F. NILES - File 3-1 A claim for damages for persoral injuries to Kelly Niles, a minor was received by the City Council. Motion was made by Councilman Jensen, seconded by Councilman Barbier, claim be denied and referred to the insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CITY FLAG - File 1R2 Suggestions were made for a panel of judges to do the preliminary judging of entries in the City flag contest. The names of Gladys Fishel from the San Rafael City Library and Marion Martin of the Golden- aires were suggested with the possibility of an art teacher from a local high school. RE: ARCHITECTURAL APPROVAL - File 10-7 The Council asked City Planning Director, Herbert Hotchner if architectural approval had been required for the painting of Litchfield's establishment on Francisco Boulevard. The Planner was directed to look into the nonconforming status of the business operation at this location. RE: TRAFFIC SIGNAL INSTALLATION - NORTHGATE DRIVE AND LAS GALLINAS - PROJECT 41-2021 (70.308-7) - File 4-1-165 City Engineer, Ely Caillouette, Jr. requested permission from the Council to have the contractor for the traffic signal installation at Northgate Drive and Las Gallinas install inductive loops at Northgate Drive and Manuel Freitas Parkway, Del Presidio and Manuel Freitas Parkway and Civic Center Drive and North San Pedro Road. The City Council approved the additional work order up to the amount of $5,000.00. RE: SELF SERVICE GASOLINE STATIONS The City Council discussed having an emergency ordinance declaring a ninety day moratorium on self ser- vice gasoline stations in order to make a study for future action on applications for this type of opera- tion. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to pass an emergency ordinance pro- hibiting commercial self service gasoline stations for a ninety day period commencing October 5th, 1970. Ayes: Councilmen: Barbier, Jensen and Mayor Bettini Noes: Councilmen: Miskimen, Robbins, Jr. Absent: Councilmen: None Motion failed due to the requirement of Government Code Section 65858 for a four-fifths vote. City Planner was instructed to proceed with a study on self service stations. Mr. Tom Atkinson of Mobil Oil Company offered to assist in any way relative to this matter. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated October 5th, 1970, and Advice on Payroll dated October 5th, 1970, 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 Stores Revolving Fund Equipment Replacement Trust & Agency Fund Payroll: General Fund Parks Fund Library Fund Council adjourned to Monday, October 19th, 1970. $ 47,337.08 1,358.71 3,187.31 432.84 12,341.25 114.82 351.90 775.00 $5F9 91 102,683.35 4,661.00 4,961.78 $ 112,30 .13 MARION A. GRADY, City Clerk ^I Approved this 19,71, day of D ��� 19 %() MAYOR OF THE CITY OF SAN RAFAEL