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Minutes 1970-1973 pt. 3
In the Council Chambers of the City of San Rafael, Tuesday, April 20th, 1971 at 7:00 o'clock P.M. Regular Adjourned Meeting: Present: Fred E. Jensen, Acting Mayor Harry A. Barbier, Councilman Lawrence E. Mulryan, Councilman Absent: C. Paul Bettini, Mayor John A. Miskimen, Councilman RE: SANITARY SEWER - SALE OF $1,105,000 CITY OF SAN RAFAEL 1971 SEWER BONDS - File 12-6 The following bids were received, opened and read: Bank of America NT&SA $ 430,462.50 United California Bank - Manager 434,439.00 The Bank of California, N.A. 435,735.00 Crocker -Citizens National Bank 438,300.70 Bateman Eichler, Hill Richards, Inc. 442,661.70 Wells Fargo Bank, N.A. 450,671.00 Security Pacific National Bank & Associates 451,265.00 RESOLUTION NO. 4029 - RESOLUTION SELLING $1,105,000 CITY OF SAN RAFAEL 1971 SEWER BONDS, AND FIXING THE DEFINITIVE RATES OF INTEREST THERON. Ayes: Councilmen: Barbier, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Miskimen and Mayor Bettini Council adjourned. >,P;p l+ a MARION A. GRADY, City Clerk Approved this \3� cW day of _ 19 7/ F ED JEN& N, ACTING AYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, May 3rd, 1 71 at 8:QQ.o'clock_P.M. Regular Meeting: RE: GENERAL MUNICIPAL ELECTION - File 9-4 Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RESOLUTION NO. 4035 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING THE STATEMENT OF RESULTS OF THE SAN RAFAEL GENERAL MUNICIPAL ELECTION CONSOLIDATED WITH THE DIXIE SCHOOL DISTRICT GOVERNING BOARD MEMBER ELECTION, MARIN JUNIOR COLLEGE DISTRICT GOVERNING BOARD MEMBER ELECTION, AND THE MARIN COUNTY BOARD OF EDUCATION, TRUSTEE AREA NO. 2 GOVERNING BOARD MEMBER ELECTION HELD ON APRIL 20, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SWEARING-IN OF NEWLY ELECTED OFFICIALS - File 9-4-1 City Clerk Marion A. Grady was given the oath for her new term of office by Mayor C. Paul Bettini. The City Clerk then gave the oath to Mr. Herman L. Childress, Mrs. Marilyn Bolinger and Mr. Francis X. Kelly, Members of the Board of Education and to Mayor C. Paul Bettini, Councilman Fred Jensen and Councilman John A. Miskimen, City Treasurer, A. J. (Angie) Soldavini and City Attorney Fred C. Robbins, Jr. The above named persons were elected to their respective positions at the General Municipal Election held on the 20th day of April, 1971. RE: PERSONNEL - APPOINTMENT OF CHIEF OF POLICE - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, Joseph J. Brusatori be appointed as Chief of Police and the salary set at $18,600.00 per annum for the balance of this fiscal year. Chief Brusatori thanked the Council and the personnel of the Police Department and promised the people of San Rafael the services of his department. RE: APPROVAL OF MINUTES Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the minutes of the regular meeting of April .19th and regular adjourned meeting of April 20th, 1971, a true and correct copy having been heretofore submitted to each member, were approved. RE: CONSTRUCTION OF TENNIS COURTS NEAR MONTECILLO ROAD - PROJECT NO. 9111-71.150 - File 4-1-179 The following bids were received, opened and read: Mallott & Peterson -Grundy $ 19,007.00 Forde Construction Company 20,095.00 Thornton Paving Company 21,000.00 Bresnan-Dalecio 21,344.00 Maggiora & Ghilotti 26,800.00 Director of Public Works Norris Rawlesreported that the Parks and Recreation Department and City Attorney recommend holding the award of bids for two weeks. The matter was continued to May 17th, 1971. RE: FREITAS PARK ROAD IMPROVEMENTS - PROJECT NO. 9111-71.144 - File 4-1-178 The following bids were received, opened and read: Forde Construction $ 17,857.50 Bresnan-Dalecio 18,582.00 Brown -Ely Company 18,972.50 Ghilotti Bros., Inc. 19,481.25 Maggiora & Ghilotti, Inc. 20,716.00 Director of Public Works Norris Rawles reported that the Parks and Recreation Department and City Attorney recommend holding the award of bids for two weeks. The matter was continued to May 17th, 1971. RE: PLUMBING CODE ADOPTED BY REFERENCE - File 1-6-3 Mayor Bettini declared the hearing open. No one present wishing to discuss the matter, the Mayor de- clared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, Charter Ordinance No. 1011 be adopted. CHARTER ORDINANCE NO. 1011 - An ordinance of the City of San Rafael adopting by reference the ''Uniform Plumbing Code, 1970 Edition'' including Appendix thereof with certain Amendments thereto, and numbering Charter Ordinance No. 1011 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BUILDING CODE ADOPTED BY REFERENCE - File 1-6-1 Mayor Bettini declared the hearing open. No one present wishing to discuss the matter, the Mayor declared the hearing closed. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, Charter Ordinance No. 1012 be adopted. CHARTER ORDINANCE NO. 1012 - An ordinance of the City of San Rafael adopting by reference the "Uniform Mechanical Code", 1970 Edition also known as the Uniform Building Code, Volume II, 1970 Edition with certain Amendments thereto, and numbering Charter Ordinance No. 1012 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TIDELANDS, WATER & WATERWAYS - File 12-19 Mayor Bettini declared the hearing open. Senior Planner Charles Linthicum addressed the Council regarding the ordinance concerning dumping, dredging and construction within tidal waterways. The Planning Commission has reviewed the ordinance and recommends that it be adopted. Mayor Bettini declared the hearing closed. An ordinance of the City Council of the City of San Rafael adding Title 17 Waters and Waterways to the Municipal Code, and numbering Charter Ordinance No. 1017 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ECONOMIC OPPORTUNITY COUNCIL - File 13-1 Mrs. Priscilla Bull of the League of Women Voters of Central Marin addressed the Council and offered the services of the League of Women Voters in finding a person who would be willing to serve as the City's representative to the Economic Opportunity Council. RE: SALE OF CITY PROPERTY - PORTION VICTOR JONES MEMORIAL PARK - File 2-7 CHARTER ORDINANCE NO. 1010 - Ordinance providing for the sale and conveyance of public real property to Theodore J. and Marion E. Ponseti, and numbering Charter Ordinance No. 1010 was passed and adgpted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REZONING 100 CHANNING WAY FROM R -3-S SPECIAL MULTIPLE RESIDENTIAL DISTRICT TO P -C PLANNED COM- MUNITY DISTRICT - File 10-3 CHARTER ORDINANCE NO. 1013 - 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 reclassify certain real property from an R -3-S (Special Multiple Residential) District to a P -C (Planned Community) District, and numbering Charter Ordinance No. 1013 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REZONING 4040 CIVIC CENTER DRIVE FROM A P -C & "U" DISTRICT TO A P -C (PLANNED COMMUNITY) DISTRICT - File 10-3 CHARTER ORDINANCE NO. 1014 - 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 reclassify certain real property from a P -C (Planned Community) District, and numbering Charter Ordinance No. 1014 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REZONING 4050-4100 REDWOOD HIGHWAY AT MARIN CENTER DRIVE FROM A P -C DISTRICT TO A P -C (PLANNED COMMUNITY) DISTRICT - File 10-3 At the request of the owner, Mr. Charles Bell, the matter was continued to June 7th, 1971. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION ACTION GRANTING ANIMAL PERMIT TO KARIN (MRS. EDWARD) WACHSMAN, 50 PALM AVENUE - File 10-10 Mayor Bettini declared the hearing open. Councilman John Miskimen asked if he should be excused be- cause of a possible conflict of interest due to his friendship with a former business partner of Mr. Wachsman. The City Attorney stated that this would not be a conflict of interest. Senior Planner Charles Linthicum reported to the Council that the subject permit was denied by the Planning Director on March 12, 1971 on the same basis previously enumerated in a prior application: "That there are reasonable grounds to believe that some of the conditions listed in Section 14.73.090 of the San Rafael Municipal Code will exist - namely: 1. There has been or will be a violation of any condition of the permit; or 2. The keeping of the animals on the premises has caused or will cause: d) An odor to be smelled on nearby property so as to adversely affect the enjoyment of such property; e) Flies or other insects to adversely affect the enjoyment of nearby property; f) Noise to adversely affect the enjoyment of nearby property; g) A public or private nuisance. The Planning Commission, at its meeting of March 23, 1971, overruled the Planning Director and on the basis of a 4 - 3 vote approved the subject permit. The basic attitude expressed by the approving faction of the Commission was that the care and maintenance of the animals and the corral was to be changed to the point that may result in a compatible use and that the issuance of the permit, for one year, would properly determine such compatibility. Mr. Selwyn Graham, 126 Palm Avenue, Mr. James Huckins, 9 Edward Court, Mr. Howard Baldwin, 15 Edward Court, Mr. Roland Law, 122 Palm Avenue spoke to the Council requesting that the Planning Commission's decision be overruled and the finding of the Planning Director upheld. Mr. Douglas Ferguson represent- ing Mrs. Wachsman reviewed for the Council in chronological order the actions to date in the applica- tion for the keeping of the horses claiming that there has been no time that horses have been kept on the Wachsman property when there were not horses on adjacent property and no one can know for sure if the keeping of these horses will cause discomfort to the neighbors. Mrs. Ashton residing at 168 Palm Avenue, Mr. Steen Schellenberg, 98 Graceland Drive, Mr. Clyde S. Mentz, 231 Devon Drive addressed the Council asking that the decision of the Planning Commission be sustained and the Wachsmans allowed to keep the horses on the grounds that it is possible that these horses may not be responsible for flies and odors and the permit is revokable. Mr. Bettini declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the action of the Planning Commission be overruled and the action of the Planning Director upheld. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: Mulryan Absent: Councilmen: None RE: AMENDMENT TO TITLE 12 CHANGING LIMTS OF FIRE ZONE - File 10-9 CHARTER ORDINANCE NO. 1016 - An ordinance of the City of San Rafael amending Chapter 12.04 of the San Rafael Municipal Code changing the limits of Fire Zone 1, and numbering Charter Ordinance No. 1016 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: Miskimen Absent: Councilmen: None RE: PLANS AND SPECIFICATIONS AND CALL FOR BIDS FOR INSTALLATION AND SUPPLY OF WALL-TO-WALL CARPETING IN SAN RAFAEL CITY LIBRARY - File 12-8 x 4-2-88 In answer to the Council's questions Mrs. Vivian Smith read the report submitted at budget time re- garding the need for carpeting to replace the worn tile floor in the old portion of the City Library. It is no longer possible to replace the present tile with a like pattern and tape is being used to repair broken parts of the tile which is creating a hazardous condition. Specifications have been written with the versatility of allowing for the removal and relocation and re -use of some of the carpet if a new library is constructed. The Library Board will request funds for a public restroom to be installed in the next fiscal year at the time of presenting the capital improvement budget. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to proceed with the carpeting of the library. RESOLUTION NO. 4036 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR SUPPLY AND INSTALLATION OF CARPETING IN SAN RAFAEL PUBLIC LIBRARY. (Bid Opening June 7th, 1971) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor BettinI Noes: Councilmen: None Absent: Councilmen: None RE: LIBRARY IMPROVEMENT AND DEVELOPMENT - File 12-8 x 4-3-41 City Librarian Vivian Smith was requested to have the Consulting Organization appear before the Council on May 17th or June 7th to report the status of their study on the San Rafael Public Library. RE: GRANT DEED FOR ROADWAY WIDENING - SECOND STREET - File 2-2 Director of Public Works Norris Rawles presented a grant deed from Marin Title Guaranty Company for five (5) foot strip of land for roadway widening on the north side of Second Street, east of Grand Avenue, as a condition of remodeling of existing Standard Oil Station opposite Montecito Shopping Center, and recommended that the grant deed be accepted. RESOLUTION NO. 4037 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. (Grant of 5' Strip north of 2nd St., east of Grand (Standard Oil Station) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARK AND RECREATION DEPARTMENT - FEES IN CONNECTION WITH CONSTRUCTION OF DWELLING UNITS - File 12-15 A proposed ordinance adding Chapter 3.24 to Title 3 of the Municipal Code providing for the payment of fees in connection with construction of dwelling units was held over to June 7th to allow the Council to study the matter further. RE: AMENDMENT TO 1970 EDITION, UNIFORM BUILDING CODE - File 1-6-1 Chief Building Inspector Jack Coates presented an ordinance to repeal the amendment to Section 104(A), 1970 Edition, Uniform Building Code, and numbering Charter Ordinance No. 1018 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ABATEMENT OF 33 MAYWOOD WAY - File 3-3-20 Mr. Jack Coates reported that he had been in contact with Mr. Lynch regarding the slide repair to his property at 33 Maywood and that Mr. Lynch stated that his soils engineer says that the ground is too wet to do any work. After discussion, it was agreed that Mr. Lynch would be given two weeks to provide a letter from a registered soils engineer concerning the condition of the ground and that a work schedule be submitted and that the job be completed in six months. The City Council also asked the Building Inspector to contact Mr. Lynch and ask him to board up the windows and secure the back door. RE: JOINT POWERS AGREEMENT - DIXIE SCHOOL DISTRICT - File 4-7-3 Parks and Recreation Director Andrew J. Snyder reported that the school board has some questions in connection with the Joint Powers Agreement for certain improvements on Don Timoteo and Vallecito school sites for community recreation and park purposes. The matter was continued until the agreement has been approved by the school board and is presented to the Council. RE: SENIOR CITIZENS OF THE YEAR NOMINATION - File 123 Motion was made by Councilman Jensen, seconded by Mayor Bettini, that Dr. C. B. Musante be San Rafael's nominee for senior citizen of the year award. RE: LIBRARY BOARD OF TRUSTEES - File 9-2-3 Motion was made by Councilman Barbier, seconded by Councilman Jensen, that Mr. Bryce Anderson and Mr. James H. Mayer be reappointed to the Library Board of Trustees for a four year term expiring April, 1975. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Miskimen, seconded by Councilman Jensen, Mrs. Alice Dalbey be appointed to replace Mrs. Eleanor Murray for a four year term expiring April, 1975. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GOLDEN GATE BRIDGE DISTRICT - File 112-2 RESOLUTION NO. 4038 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ENDORSING THE GOLDEN GATE BRIDGE AND HIGHWAY DISTRICT PLAN NO. 3. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: COMMITTEE TO ASSIST COUNCIL IN IMPROVING ATTRACTIVENESS OF SAN RAFAEL - File 137 Councilman John Miskimen asked to have a committee appointed for a short term in order to make sug- gestions to the Council for improving the attractiveness of San Rafael. Councilman Miskimen was appointed Chairman of the Committee with Mr. Gene O'Connor and City Manager James McCown asked to serve. The matter was continued to the next meeting for further appointments to this committee. RE: PARKING AND PARKING LIMITS - TOW -AWAY ZONE LINCOLN AVENUE - File 11-8 Director of Public Works Norris Rawles reported that the Public Works Department and the Traffic Committee had considered the removal of the two -away zone on Lincoln Avenue and unanimously agreed that the signs should be removed north of Mission Avenue but should remain between Second Street and Mission Avenue. The matter was continued until after the public hearing on the proposed one-way street system (Faustman study). RE: REMOVAL OF TRUCK TRAFFIC ON LINCOLN AVENUE - File 11-5.1 The Council requested the Public Works Director to look into the matter of a public hearing to consider removal of truck traffic from Lincoln Avenue. RE: APPOINTMENT OF VICE PRESIDENT - File 9-1 Motion was made by Councilman Miskimen, seconded by Councilman Barbier, Councilman Fred Jensen be appointed Vice -President of the City Council. RE: PUBLIC WORKS - SANITATION & SEWERS -IMPROVEMENT AND DEVELOPMENT - File 12-6 Director of Public Works Norris Rawles reported that additional forms had been received from the Department of Housing and Urban Development and these forms must be completed and forwarded with the plans and specifications as prepared by Dan Coleman Associates for approval by the technical staff. The Mayor and Council commended the Public Works Director, City Engineer, and City Manager for their efforts in securing the HUD grant. RE: ABATEMENT - 201 LOCUST AVENUE - File 3-3 City Attorney Fred Robbins, Jr. reported that he and the Chief Building Inspector and Fire Marshal are going to inspect the premises at 201 Locust Avenue to obtain information on zoning violations and/or violations of the building code. The matter was continued. RE: BUDGET - FISCAL YEAR 1971-72 - File 8-5 City Manager James McCown presented a list of dates for review of proposed budgets with various departments. RE: PARKS AND RECREATION DEPARTMENT - File 12-15 The Council discussed with Parks and Recreation Director Andrew Snyder the hiring practices for summer employment of personnel for the recreation department. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, that the matter of hiring summer personnel be referred to the Parks and Recreation Commission. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The Mayor restated the position of the Council that in all cases where residents of San Rafael are qualified they be given preference for employment. RE: PUBLIC HEARING - THREE (3) LOT SUBDIVISION ON CLORINDA AVENUE - ROGER J. STRAWICK - File 10-8 The Council set May 17th as the date for a public hearing on the appeal of the decision of the Planning Commission in connection with a three (3) lot subdivision on Clorinda Avenue RE: TRAFFIC IMPROVEMENT PLAN FOR CENTRAL BUSINESS DISTRICT - FAUSTMAN REPORT - File 11-14 The Council set June 14th, 1971 at 7:30 P.M. in the Council Chambers as date, time and place of the public hearing on the Traffic Improvement plan for the Central Business District (Faustman Report). RE: CLAIM - PERSONAL PROPERTY DAMAGE - A. ARANGELOVITCH - File 3-1 This matter was continued to the next meeting. RE: CLAIM - DAMAGE TO AUTOMOBILE - JAMES D. WATSON - File 3-1 This matter was continued to the next meeting. 147 RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Mulryan, to place William C. Harrington, Jr., on the payroll as Groundsman, Range 9, Step B, $663, commencing May 1st, 1971. Motion was made by Councilman Barbier, seconded by Councilman Jensen, to appoint Ronald Bruce Johnson and James Walter Mann as Auxiliary Police Officers. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: HIRING OF ADMINISTRATIVE ASSISTANT - File 7-5 City Manager James McCown reported that 64 applications for the position of Administrative Assistant had been received and were being considered. RE: ZONING VIOLATION - File 10-1 Councilman Mulryan questioned the equipment stored south of Smith Ranch Road and east of Lucas Valley Road turn-off. The City Attorney informed him that the City Planning Department was aware of this zoning violation and that the State Division of Highways now owns the property and the owner of the equipment intends to relocate. Mr. Hotchner was asked to report to Mr. Mulryan. RE: JOINT POWERS AGREEMENT - COUNTY OF MARIN - SOUTH SAN PEDRO ROAD - PHASE IV - File 4-13-14 Director of Public Works Norris Rawles pointed out that the tentative budget of the Marin County Public Works Department has given a low priority rating to the project for widening South San Pedro Road. The Council suggested that the cost of widening the portion of the roadway within the City Limits should be investigated and consideration be given to the possibility of doing our share of the roadway and withdrawing from the agreement with the County. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated May 3rd, 1971, and Advice on Payroll dated May 5, 1971, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRIARY FUND PARKING DISTRICT CAPITAL IMPROVING STORES REVOLVING EQUIPMENT & REPLACEMENT BONDS Payroll: GENERAL FUND PARKS FUND LIBRARY FUND Council adjourned to Monday, May 17th, 1971. $ 26,424.89 505.17 2,080.61 329.26 235.66 640.80 1,058.71 3,315.00 $ 34,590-10. $111,680.93 4,914.38 4,984.27 fi191 C; 7q SR MARION A. GRADY, City Clerk Approved this day of %� 1971. � � �_� - - �__ /l -&�� MAYOR OF THE CITY 0 SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, May 17, 1971, at 8:00 o'clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman RE: APPROVAL OF MINUTES Absent: John A. Miskimen, Councilman Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the minutes of the regular meeting of May 3, 1971, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S ACTION - USE PERMIT AND ARCHITECTURAL APPROVAL, OFFICE COMPLEX, 4360 REDWOOD HIGHWAY, JOHNNY RIBEIRO, OWNER; RONALD GLANDER, REPRESENTATIVE - File 10-5 x 10-7 Mayor Bettini declared the hearing open. At the request of the appellants, Margarita Development Company and Dohemann & Company, and at the request of the applicant, Plaza Properties, the matter was referred back to the Planning Commission and continued to June 21, 1971. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S ACTION RE SUBDIVISION TWO LOTS INTO THREE LOTS, 265/271 CLORINDA AVENUE - File 10-8 Mayor Bettini declared the hearing open. Planning Director Herbert G. Hotchner stated that the Planning Commission had unanimously voted to deny the subdivision as the two existing lots do not meet slope re- quirements and the creation of a third lot would make all the properties even more substandard. Mr. Roger Strawick, representative for Western Title Guaranty Corporation, the owner of the lot, addressed the Council stating that the plans had been developed so as to maintain the site in its natural state. He presented a letter from Mr. and Mrs. Frederick Cardoza, 260 Clorinda Avenue, expressing favorable position in connection with this subdivision. Mrs. Janice Fadeley of 8 Cala Vista Drive addressed the Council and read a letter from Mr. Jack H. Feller, Jr., accompanied by a petition bearing 51 signatures of residents in the immediate neighborhood objecting to this development of the land. Mayor Bettini declared the hearing closed. Moved by Councilman Jensen, seconded by Councilman Mulryan, Jr., the appeal be denied and the action of the Planning Commission sustained. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: CONSTRUCTION OF TENNIS COURTS NEAR MONTECILLO ROAD, PROJECT NO. 9111-71.150 - File No. 4-1-179 The bids for this project were opened at the meeting of May 3, 1971 and held over to this meeting. Moved by Councilman Jensen, seconded by Councilman Barbier, to reject all bids. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: FREITAS PARK ROAD IMPROVEMENT - PROJECT NO. 9111-71.144 - File 4-1-178 The bids for this project were opened at the meeting of May 3, 1971 and held over to this meeting. Moved by Councilman Jensen, seconded by Councilman Barbier, to reject all bids. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: JOINT POWERS AGREEMENT - DIXIE SCHOOL DISTRICT - File 4-7-3 The Joint Powers Agreement between the Dixie School District of Marin County and the City of San Rafael for construction of certain improvements on Don Timoteo and Vallecito school sites for community recre- ation and park purposes was presented to the City Council. After discussion the matter was referred back to the Parks and Recreation Commission for further study. RE: TIDELANDS, WATERS AND WATERWAYS - File 12-19 CHARTER ORDINANCE NO. 1017 - An ordinance of the City Council of the City of San Rafael adding Title 17, Waters and Waterways, to the Municipal Code and numbering Charter Ordinance No. 1017 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: AMENDMENT TO 1970 EDITION UNIFORM BUILDING CODE - File 1-6-1 CHARTER ORDINANCE NO. 1018 - An ordinance of the City of San Rafael amending Chapter 12.12.020 by repeal- ing the amendment to Section 104(A), 1970 Edition, Uniform Building Code, and numbering Charter Ordinance No. 1018 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen 149 RE: ABATEMENT - 33 MAYWOOD WAY - File 3-3-20 City Clerk Marion Grady read a letter from John A. Becker & Associates, Consulting Engineers - Soil and Foundation Consultants, addressed to Mr. Richard Lynch, concerning repair of the slope instability at 33 Maywood Way and advising that the end of May would be the earliest practical time for restarting the work. After discussion it was moved by Councilman Jensen, seconded by Councilman Barbier, that abatement proceedings be started. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: COMMITTEE TO ASSIST COUNCIL IN IMPROVING ATTRACTIVENESS OF SAN RAFAEL - File 137 The matter of appointing additional members to the committee for improving the attractiveness of San Rafael was continued for two weeks. Councilman Miskimen is to submit the names of four persons to serve on this committee. RE: CONVEYANCE OF VEHICULAR ACCESS RIGHTS - File 2-2 A condition of the subdivision approved by the Planning Commission for E. A. Pedroli and Joseph J. Pedroli, Jr., 141 through 151 Clark Street, required the granting of vehicular access rights across a portion of this property. The following resolution accepting conveyance of vehicular access rights was adopted subject to the grant deed being approved by the City Engineer. RESOLUTION NO. 4041 - RESOLUTION ACCEPTING CONVEYANCE OF VEHICULAR ACCESS RIGHTS Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: FREEWAYS AND STATE HIGHWAYS -LANDSCAPING - File 11-16 RESOLUTION NO. 4039 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REQUESTING THE STATE OF CALIFORNIA TO PROCEED WITH LANDSCAPING HIGHWAY 101 AS SOON AS POSSIBLE Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: HABITATION - USE OF VEHICLES - File 13-7 At the request of the City Council, City Attorney Fred Robbins, Jr. prepared an ordinance regulating the use of vehicles for human habitation. An ordinance of the City of San Rafael amending Title 8 of the Municipal Code by adding Chapter 8.30 regulating the use of vehicles for human habitation, and numbering Ordinance No. 1019 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ENCROACHMENT PERMIT - File 2-11 Public Works Department presented an application from Owen Carstarphen of 2 "K" Street, requesting Council approval to construct a six foot high wooden fence six feet into Fifth Avenue right-of-way and to install pea -gravel exposed aggregate in two foot wide planter strip along Fifth Avenue and "K" Street frontages. Moved by Councilman Jensen, seconded by Councilman Barbier, Encroachment Permit No. 216 be granted. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: JOINT POWERS AGREEMENT, COUNTY OF MARIN, SOUTH SAN PEDRO ROAD LANDSCAPING MAINTENANCE AGREEMENT, PHASES I, II and III - File 4-13-14 Director of Public Works Norris Rawles presented an agreement between the City of San Rafael and the County of Marin to provide for the maintenance of landscaping and irrigation systems on a portion of South San Pedro Road, the cost to be shared on the basis of two-thirds by the County of Marin and one-third by the City of San Rafael. RESOLUTION NO. 4040 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: REFUND OF CASH BOND - File 8-15 Moved by Councilman Mulryan, seconded by Councilman Barbier, the $600 cash bond deposit guaranteeing the planting of street trees in the Seaview Subdivision, Galli Homes subdivider, be refunded. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: MARIN SANITARY SERVICE - File 4-3-32 The matter of proposed sanitary service fees increase was carried over for two weeks and a public hearing set for the meeting of June 7, 1971 at 8:00 o'clock P.M. RE: TAXI AND TAXICABS - File 9-9 The proposed Yellow Cab Company fee increase was carried over for two weeks and a public hearing set for June 7, 1971 at 8:00 o'clock P.M. RE: SIGNS - File 125 Councilman Harry A. Barbier suggested that a means be found for control of political signs on public property, such as fences and telephone poles, and the Council discussed requiring a one hundred dollar deposit for removing signs at the end of a political campaign. The City Attorney was instructed to pre- pare an ordinance. RE: REPUBLISHING ORDINANCES DUE TO ERROR IN DATES OF PUBLICATION - File 1-2 It was regularly moved and seconded that Ordinance No. 1010 be rescinded and an ordinance of the City of San Rafael providing for the sale and conveyance of public real property to Theodore J. and Marion E. Ponseti, and numbering Ordinance No. 1022 was read, introduced and ordered passed to print by the follow- ing vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen It was regularly moved and seconded that Ordinance No. 1013 be rescinded and an ordinance of the City of San Rafael providing for reclassification of certain real property from an R -3-S (Special Multiple Residential) District to a P -C (Planned Community) District, and numbering Ordinance No. 1023 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen It was regularly moved and seconded that Ordinance No. 1014 be rescinded and an ordinance of the City of San Rafael providing for reclassification of certain real property from a P -C (Planned Community) and "U" (Unclassified) District to a P -C (Planned Community) District, and numbering Ordinance No. 1024 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen It was regularly moved and seconded that Ordinance No. 1015 be rescinded and an ordinance of the City of San Rafael providing for reclassification of certain real property from a P -C (Planned Community) District to a P -C (Planned Community) District, and numbering Ordinance No. 1025 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: MOBILE HOME PARKS - File 10-3 An ordinance of the City of San Rafael correcting certain errors in Ordinance No. 997 which ordinance added Chapter 14.72, entitled "Mobile Home Parks", and numbering Ordinance No. 1020 was read, intro- duced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: SIGN REVIEW - File 9-8 An ordinance of the City of San Rafael correcting certain errors in Ordinance No. 1007, which ordinance added Chapter 14.12 entitled "Sign Review", and numbering Ordinance No. 1021 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: SANITATION AND SEWERS IMPROVEMENT AND DEVELOPMENT - File 12-6 Director of Public Works Norris Rawles reported on a meeting with local contractors to discuss the means of meeting the requirements of the Regional Water Quality Control Board in connection with the construc- tion of the Sanitary Sewer Project. He suggested that the bids be scheduled for opening in three stages two days apart. It is anticipated that bids will be called for at the June 7th meeting. RE: SAN RAFAEL GENERAL PLAN "HOUSING ELEMENT" - File 115 June 21, 1971 at 8:00 o'clock P.M. was set as the date for a public hearing on Part VI (Housing Element) amendment to the San Rafael General Plan. RE: NOTICE OF INTENTION TO IMPOSE WEIGHT LIMITS ON LINCOLN AVENUE - File 11-5.1 August 2, 1971, at 8:00 o'clock P.M. was set for a public hearing for the purpose of reducing weight limits on Lincoln Avenue from its terminus with Highway 101 at Puerto Suello Hill to the north line of Third Street where Lincoln Avenue and Third Street intersect. RE: CLAIM FOR DAMAGES PERSONAL PROPERTY - A. ARANGELOVITCH - File 3-1 A claim from Mr. A. Arangelovitch in the amount of $67.10 for damages caused by the sewer backing up into his home at 105 Spring Grove Avenue on April 12, 1971 was presented. This amount is below the deductible on our comprehensive insurance coverage. Moved by Councilman Mulryan, seconded by Councilman Barbier, the claim of Mr. Arangelovitch be paid. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: CLAIM FOR DAMAGE TO AUTOMOBILE --JAMES D. WATSON - File 3-1 Claim of James D. Watson for damages to automobile caused when the tree shredder being operated by a City employee became loose and rolled into the side of his car, doing approximately $253 in damages. Moved by Councilman Barbier, seconded by Councilman Mulryan, to deny the claim and refer it to the insurance carrier. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ZONING VIOLATION - SMITH RANCH ROAD AT LUCAS VALLEY ROAD TURNOFF - File 10-1 Planning Director Herbert Hotchner reported that Mr. Saxton is renting this property on a month-to- month basis from the Division of Highways and that if a letter is written the Division of Highways will terminate the rental. A letter will be drafted for the City Attorney to send to the Division of Highways. RE: JOINT MEETING SAN RAFAEL PLANNING COMMISSION -CITY COUNCIL - File No. 9-2-6 At the request of the chairman of the San Rafael Planning Commission the Council set July 12, 1971 as the date of the joint meeting with the Planning Commission to discuss City Council policies and directives. RE: CALL FOR BIDS - KERNER & CANAL OUTFALL LINE, PROJECT 9618 (71.148) - File 4-1-180 RESOLUTION NO. 4042 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS DIRECTING CALL FOR BIDS FOR PROJECT 9618 (71.148) KERNER & CANAL OUTFALL LINE (June 7, 1971, 8:00 o'clock P.M.) Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PARKS AND RECREATION COMMISSION - File 9-2-4 The resignation of George S. Burton as a member of the Parks and Recreation Commission and subsequent request to withdraw the resignation was carried over to a future date when Councilman Miskimen is present. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated May 17, 1971, and Advice on Payroll dated May 20, 1971, and now on file in Finance office to which reference is hereby made for further particulars: CLAIMS: _ GENERAL FUND $ 12,568.34 PARKS FUND 1,061.30 LIBRARY FUND 618.80 EMPLOYEE RETIREMENT 245.00 PARKING DISTRICT 125.00 CAPITOL IMPROVEMENT 2,106.85 STORES REVOLVING 473.44 EQUIPMENT & REPLACEMENT 6,839.87 $ 24,038.6o PAYROLL: GENERAL FUND $ 108,975.57 PARKS FUND 4,954.80 LIBRARY FUND 4,902.89 $ 118,833.26_ Council adjourned to Monday, June 7, 1971. 1,2, L MARION A. GRADY, City Clerk Approved this day of 1971. MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City Hall, City of San Rafael, Monday, June 7th, 1971 at 7:30 P.M. Special Meet.i.ng: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman RE: BOARD OF REVIEW - File 9-2-12 Lawrence E. Mulryan, Councilman The Council met to consider the report of the Board of Review in connection with the dismissal of a City employee. After discussion, the matter was continued. MARION A. GRADY, City Clerk 1/7 Approved this q21sl day of e— 19 7/ MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, June 7th, 1971 at 8:00 P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman 153 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the minutes of the regular meeting of May 17th, 1971, a true and correct copy having been heretofore submitted to each member, were approved. RE: BID OPENING - KERNER & CANAL OUTFALL LINE, PROJECT 9618 (71.148) - File 4-1-180 The following bids were received, opened and read: Base Bid Alternate ''A'' M.G.M. Construction $ 24,508.00 $ 38,511.00 Maggiora & Ghilotti, Inc. $ 25,800.00 $ 39,500.00 McGuire & Hester $ 43,443.00 $ --- The bids were referred to the Department of Public Works and upon their recommendation all bids were re- jected for being excessively high. RE: BID OPENING - INSTALLATION AND SUPPLY OF WALL-TO-WALL CARPETING IN SAN RAFAEL CITY LIBRARY - File 12-8 x -2-88 The following bids were received, opened and read: The bids were referred to the Library Board and the matter was continued for two weeks. RE: FRANCISCO BOULEVARD PROPERTY - File 2 -1 - Mr. Roy Vallarino, attorney for George Dexter addressed the Council concerning the covenant requiring that the property purchased from the City of San Rafael be used for the sale of new or used automobiles. He requested that in the event of foreclosure of the mortgage on this property another use for the land be permitted should the sale of new or used automobiles be not feasible. The Council felt that its de- sires concerning the development of the land have been met. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, that the covenant running with the land be modified to permit uses other than selling or leasing of automobiles subject to the approval of the City Council. Ayes: Councilmen: Barbier, Jensen, Miskimen, MuIryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPEAL FROM PLANNING COMMISSION CONDITIONAL APPROVAL TO A THREE LOT SUBDIVISION ON SOUTHERN HEIGHTS BOULEVARD NEAR BRET HARTE ROAD - File 10-8 City Attorney, Fred Robbins, Jr. requested the Council to clarify its intent in connection with appeals on subdivision matters as specified in Section 15.56.010 of the San Rafael Municipal Code. After dis- cussion, the Council agreed to adoption of an emergency ordinance to amend Section 15.56.010 of the San Rafael Municipal Code. CHARTER ORDINANCE NO. 1027 - An urgency ordinance amending Chapter 15.56, Section 15.56.010, ''NOTICE'', and numbering Charter Ordinance No. 1027 was adopted as an ordinance of the City of San Rafael at a re- gular meeting of the Council of the City of San Rafael held on the 7th day of June, 1971, by the follow- ing vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None High Magee Penn Loom Jackson Hardware Co. Rocky Pt. Plateau Husky Timely Loc Loc 13�— 1479-73 157563 14752' 17,323 71 ,154 Loom Penn Pendu- Re- Fine Loc Loc Timely lum source Hand Rafael Carpet 16,507 17,674 1 F� ,570 15,544 1 +� 16,507 Night New Set Variation Watch Point Bell's Interiors 12,955.91 11,971.53 1113 Cascade Monterey Sierra Oakhurst Monterey Oakhurst Bob's Plastic Tile Co. 9,828 10,367 10,683 10,891 11,717 11,863 Loom Penn Pendu- Re- Fine Loc Loc Timely lum source Hand Floor Styles, S. F. 13,564+ 1+ 9 F44 11,870.32 11_,E OT 12,38 .92 13,098.68 The bids were referred to the Library Board and the matter was continued for two weeks. RE: FRANCISCO BOULEVARD PROPERTY - File 2 -1 - Mr. Roy Vallarino, attorney for George Dexter addressed the Council concerning the covenant requiring that the property purchased from the City of San Rafael be used for the sale of new or used automobiles. He requested that in the event of foreclosure of the mortgage on this property another use for the land be permitted should the sale of new or used automobiles be not feasible. The Council felt that its de- sires concerning the development of the land have been met. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, that the covenant running with the land be modified to permit uses other than selling or leasing of automobiles subject to the approval of the City Council. Ayes: Councilmen: Barbier, Jensen, Miskimen, MuIryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPEAL FROM PLANNING COMMISSION CONDITIONAL APPROVAL TO A THREE LOT SUBDIVISION ON SOUTHERN HEIGHTS BOULEVARD NEAR BRET HARTE ROAD - File 10-8 City Attorney, Fred Robbins, Jr. requested the Council to clarify its intent in connection with appeals on subdivision matters as specified in Section 15.56.010 of the San Rafael Municipal Code. After dis- cussion, the Council agreed to adoption of an emergency ordinance to amend Section 15.56.010 of the San Rafael Municipal Code. CHARTER ORDINANCE NO. 1027 - An urgency ordinance amending Chapter 15.56, Section 15.56.010, ''NOTICE'', and numbering Charter Ordinance No. 1027 was adopted as an ordinance of the City of San Rafael at a re- gular meeting of the Council of the City of San Rafael held on the 7th day of June, 1971, by the follow- ing vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Public hearing on the appeal from Planning Commission conditional approval for a three lot subdivision on Southern Heights Boulevard near Bret Harte Road (s71-13) was set for June 21st, 1971 at 8:00 o'clock P. M. if the City Attorney rules that this emergency ordinance can be retroactive. RE: GHILOTTI OFFICE AND WAREHOUSE COMPLEX - 517 JACOBY STREET - UP70-33 - File 10-5 The City Attorney brought to the attention of the Council, that Mr. Mario Ghilotti had applied for a building permit and was denied due to the reflection of the Planning Commission minutes that the signing of a covenant was required prior to the issuance of that permit. Mr. Robbins stated that it was not his recollection that such a condition was imposed but that in any event, if such a condition had been im- posed, was it fair to still require this condition of Mr. Ghilotti in view of the action taken on Holi- day Magic on April 19, 1971? After due discussion, the Council decided that if such a condition had been imposed (and it was not evident from the staff present whether or not the condition had been imposed as no one had at that time listened to the tape) it would be proper to relieve Mario Ghilotti of that con- dition therefore, upon motion duly made, seconded and carried, the Council allowed Mr. Ghilotti to pro- ceed with his building on the front half of Jacoby Street subject to the same conditions that were im- posed upon Holiday Magic, to -wit: that if the assessment district which is now in the process of being formed, is formed, the Ghilotti property should be included within that assessment district. However, in the event that something should happen and said district is not formed, then the development as pro- posed by Mr. Ghilotti should in all respects conform to the development as required by the City Engineer- ing Department. RE: PUBLIC HEARING - TAXI AND TAXICABS - File 9-9 Mayor Bettini declared the hearing open. Mr. Robert C. Jennings, Yellow Cab Company presented a request for rate increase in taxicab fares for San Rafael. There being no one else wishing to speack for or against the matter, the Mayor declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to grant the increases as proposed by Robert C. Jennings, owner of the Yellow Cab Company by letter to the City Council May 12th, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - MARIN SANITARY SERVICE - File 4-3-32 Mayor Bettini declared the hearing open. Mr. Al Bianchi representing Marin Sanitary Service presented a request for an increase in rates for garbage collection due to the substantial increase in salaries and fringe benefits resulting from a new three-year union contract effective December 1, 1970. Other expenses have also increased such as repairs to and replacement of equipment. There being no one else wishing to speak for or against the increase, the Mayor declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that the increase request as pre- sented be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - ZONING TEXT AMENDMENT TO AMEND SECTION 14.50.095 SO AS TO REFER TO THE CORRECT CHAPTER 14.92 ''AMENDMENT'' AS THE PROCEDURE FOR CHANGES TO A PUD DISTRICT - File 10-3 Mayor Bettini declared the hearing open. Planning Director Herbert G. Hotchner informed the Council that this zoning text amendment is to correct the chapter number referred to in the procedure for changes to an approved PUD District. There being no further discussion, the Mayor declared the hearing closed. An ordinance amending Section 14.50.095 of Title 14 (Zoning) of the San Rafael Municipal Code so as to refer to the correct Chapter 14.92, and numbering Charter Ordinance No. 1026 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SALE OF CITY PROPERTY - PORTION VICTOR JONES MEMORIAL PARK - File 2-7 CHARTER ORDINANCE NO. 1022 - An ordinance of the City of San Rafael providing for the sale and conveyance of public real property to Theodore J. and Marion E. Ponseti, and numbering Charter Ordinance No. 1022 was passed and adopted as an ordinance of the City of San Rafael by the followong vote, to -wit: Ayes: Councilmen: Barbie r, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REZONING 100 CHANNING WAY FROM R -3-S SPECIAL MULTIPLE RESIDENTIAL DISTRICT TO P -C PLANNED COMMUNITY DISTRICT - File 10-3 CHARTER ORDINANCE NO. 1023 - An ordinance of the City of San Rafael providing for reclassification of certain real property from an R -3-S (Special Multiple Residential) District to a P -C (Planned Community) District, and numbering Charter Ordinance No. 1023 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen : None 15-5 RE: REZONING 4040 CIVIC CENTER DRIVE FROM A P -C & "U" DISTRICT TO A P -C (PLANNED COMMUNITY) DISTRICT - File 10-3 CHARTER ORDINANCE NO. 1024 - An ordinance of the City of San Rafael providing for reclassification of certain real property from a P -C (Planned Community) and "U" (Unclassified) District to a P -C (Planned Community) District, and numbering Charter Ordinance No. 1024 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REZONING 4050-4100 REDWOOD HIGHWAY AT MARIN CENTER DRIVE FROM A P -C DISTRICT TO A P -C (PLANNED COM- MUNITY) DISTRICT - File 10-3 CHARTER ORDINANCE NO. 1025 - An ordinance of the City of San Rafael providing for reclassification of certain real property from a P -C (Planned Community) District to a P -C (Planned Community) District, and numbering Charter Ordinance No. 1025 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RESULT OF BID OPENING (1) 1250 PER MINUTE MOTOR DRIVEN PUMPING ENGINE AND MISCELLANEOUS EQUIPMENT - File -2-87 Results of the bids which were opened on Wednesday, May 26th, 1971 at 2:00 o'clock P.M. were presented to the Council by City Manager, James McCown. One bid for the Pumping Engine was received from P. E. Van Pelt, Inc. for the total price of $40,885.95. RESOLUTION NO. 4050 - RESOLUTION AWARDING CONTRACT FOR ONE (1) 1250 PER MINUTE MOTOR DRIVE PUMPING ENGINE AND MISCELLANEOUS EQUIPMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Bids for Miscellaneous Equipment were as follows: Western Fire Equipment Company $ 4,146.97 L. N. Curtis & Sons $ 2,612.55 Wardlaw Fire Equipment $ 828.00 Total Equipment Including Tax.......$ 7,5 7.52 RESOLUTION NO. 4051 - RESOLUTION AWARDING CONTRACT FOR MISCELLANEOUS EQUIPMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SIGNS - File 125 City Attorney, Fred Robbins, Jr. presented an ordinance to require a $100.00 deposit for removing signs at the end of a political campaign. An ordinance of the City of San Rafael amending Section 8.12.090 of Title 8 of the Municipal Code of the City of San Rafael, and numbering Charter Ordinance No. 1028 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: ABATEMENT - 33 MAYWOOD WAY - File 3-3-20 Chief Building Inspector Jack Coates reported that abatement proceedings are in progress under the Dan- gerous Buildings Code to abate the building at 33 Maywood Way. RE: COMMITTEE TO ASSIST COUNCIL IN THE BEAUTIFICATION OF SAN RAFAEL - File 137 Councilman Miskimen reported that the committee for the beautification of San Rafael had met and asked Mr. Gene O'Connor of the committee report to the Council. Mr. O'Connor reported on a meeting with the Division of Highways at which the plans and specifications for landscaping along the freeway through the City of San Rafael were discussed. The committee hopes to have additional work done on the Irwin Street off -ramp and the Council expressed willingness to contribute money over and above the $6,000.00 which is earmarked for improving the attrativeness of the entrance to San Rafael. RE: AGREEMENT - HOUSING AND URBAN DEVELOPMENT FOR GRANT IN SEWER PROJECTS NO. WS -CALIF 358 - File 4-10-49 RESOLUTION NO. 4043 - RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT (Housing and Urban De- velopment - Project No. WS -Calif 358) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SANITARY SEWER - N. Y. - CAL INDUSTRIAL CORP - File 2-3 RESOLUTION NO. 4044 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. (10' Sewer Easement across Peacock Gap Golf Course from Peacock Gap Unit 6) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RESOLUTION ACCEPTING GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SANITARY SEWER - SUMMIT BUILDING COMPANY, EVELYN CRAWFORD AND LOIS THC+MPSON - File 2-3 RESOLUTION NO. 4045 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT (10' Sanitary Sewer Easement, Lot 2, White Oaks Estates) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT - GEROGE W. SMALL, 1315 LAS RAPOSAS ROAD - File 2-11 Director of Public Works Norris Rawles presented a request of George W. Small of 1315 Las Raposas Road to install a 5 foot high redwood fence, 3.5 feet into right-of-way, along the back of sidewalk for a length of 28 feet, and reported that Planning Commission approval had been given. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Encroachment Permit No. 217 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: DAVIS-MAGEE TRbIL COSTS - File 116 City Manager, James McCown reported that a letter had been received from Supervisor Baar asking the City of San Rafael to adopt a resolution requesting the Legislature of the State of California to authorize the State Administrator to reimburse the County of Marin for all costs and expenses of the Angela Davis and Rachel Magee trials. RESOLUTION NO. 4047 - RESOLUTION TO ADMINISTRATOR AND THE LEGISLATURE OF THE STATE OF CALIFORNIA RE REIMBURSING THE COUNTY OF MARIN FOR COSTS AND EXPENSES OF THE DAVIS - MAGEE TRIALS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CONSTRUCTION OF ADDITIONAL LEVEE IMPROVEMENTS, SAN RAFAEL CAYES - File 6-19 City Engineer, Ely Caillouette, Jr. informed the Council that the developer of San Rafael Cayes is com- pleting improvements to the existing levee. There have been minor engineering detail changes and he suggested that a new agreement be worked out to include the changes. After discussion, the Council agreed to a new agreement being drafted and presented to them at a later date. RE: UNDERGROUND UTILITY DISTRICT NO. 3 - File 1248 The Council set July 6th, 1971 at 8:00 o'clock P.M. in the City Hall as the time and place for a public hearing to determine whether that area bounded by Mission Avenue to Third Street, and "A" Street to "E" Street shall be declared an Underground Utility District. RESOLUTION NO. 4046 - CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF UNDERGROUND UTILITY DIS- TRICT NO. 3 IN THAT PORTION OF UNDERGROUND UTILITY DISTRICT, PARCEL #1 AS DESCRIBED IN ORDINANCE 780, SECTION 1. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PROPERTY DAMAGE - BEVERLY ACEBO - File 3-1 Claim of Mrs. Beverly Acebo, 319 Prospect Drive for damages to her automobile in the amount of $47.85 was presented. Motion was made by Councilman Jensen, seconded by Councilman Mulryan,�o deny the claim and refer the mat- ter to the insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to place Robert W. Dial, on regular payroll as Fireman, commencing June 1, 1971 at the monthly salary of $794.00, Range 14, Step A. X57 Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Miskimen, seconded by Councilman Barbier, to place Mark W. Murdock, on re- gular payroll as Police Cadet, commencing June 1st, 1971, at the monthly salary of $486.00, Range 3, Step A. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CALL FOR BIDS - PROJECT 9620 (70.125) LINDEN LANE DRAINAGE CORRECTION - File 4-1-181 RESOLUTION NO. 4048 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 9620 (70.125) Linden Lane Drainage Correction (Bid Opening June 21st, 1971 at 8:00 P.M.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CALL FOR BIDS - PROJECT 9614 (70.133) SANITARY SEWER RELOCATION ON SOUTHERN HEIGHTS BOULEVARD - File -1-182 RESOLUTION NO. 4049 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 9614 (70.133) SANITARY SEWER RELOCATION ON SOUTHERN HEIGHTS BOULEVARD (Bid Opening June 215t, 1971 at 8:00 P.M.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SANITARY SEWER CONSTRUCTION PROJECT - File 12-6 City Engineer, Ely Caillouette, Jr. outlined the schedule for calling for bids and completion of the sanitary sewer construction project. After discussion, the Council agreed to proceed on the project as presented by the City Engineer. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated June 7, 1971, and Advice on Payroll dated June 4th, 1971, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT PARKING DISTRICT CAPITAL IMPROVEMENT STORES REVOLVING EQUIPMENT & REPLACEMENT Payroll: GENERAL FUND PARKS FUND LIBRARY FUND $ 36,227.15 1,362.24 3,635.73 34,817.32 603.59 677.64 1,287.56 631.50 $ 79,2T-2.73 115,784.90 4,984.08 4,513.01 $ 12-5--,271 . 9 9 I Council adjourned to June 14th, 1971 at 7:30 P.M. for a public hearing on the Faustman Report. )n 'A_e�' 4 ,�" MARION A. GRADY, City Clerk Approved th is /..51 day of ✓ n 1971 . MAYOROF THE CITY OF AN RAFAEL In the Council Chambers of the City of San Rafael Monday, June 14th, 1971 at 7:30 o'clock P.M. Regular Adjourned Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: PUBLIC HEARING - PARKING AND PARKING LIMITS - TRAFFIC IMPROVEMENT PLAN OF THE CENTRAL BUSINESS DISTRICT - File -3-23 x 12-4 x 11-14 x 11-8 Mayor Bettini declared the hearing open, and introduced City Engineer, Ely Caillouette, Jr. who made a report on the D. Jackson Faustman Traffic Improvement Plan -Central Business District -San Rafael, Cali- fornia. City Engineer reported that Mr. Faustman had done an extensive study of traffic in and through the City of San Rafael and in his lengthy report had recommended a one-way street pattern with Fourth Street being one-way eastbound and Fifth Street one-way westbound; 'A' Street and 'C' Street northbound, 'B' Street and 'D' Street southbound. He further recommends that parking be prohibited on the north side of Second Street and the south side of Third Street from Irwin Street to 'B' Street. The Traffic Com- mittee has held four meetings to study thoroughly the proposed recommendations and it is their feeling that the first stages should be put into effect as soon as possible, that is, the removal of parking on Second Street and Third Street to provide three lanes of traffic from 'A' Street to Irwin in both direc- tions. Mrs. Carol Week, 1403 Fourth Street commented that the one-way street proposal would be dangerous as traffic now moves too fast through the intersections and this would increase speed. Also, there would be less retail customer traffic. Mr. Warren Robinson, Fourth Street businessman suggested removing parking on Second and Third Streets all the way out between 4:00 and 6:00 P.M. and making Fifth Street one-way and allowing Fourth Street to re- main two-way traffic. Mr. Tom O'Toole, Milani's Garage, 1117 Third Street stated that to remove parking on Third Street would move traffic but it would hurt local business people. Also, channeling three lanes of traffic into two at 'A' Street or 'B' Street would create a traffic problem. Taking parking away from the local business- man in order to move traffic through town is unfair. Mr. Walter Zurcher, Chairman of the Downtown Merchants of San Rafael stated that the downtown merchants had approved one-way street plan for Fourth Street and Fifth Street and had recommended to the Board of Directors of the Chamber of Commerce that they approve it. The problem of the use of the courthouse property will not be solved until the traffic problems in San Rafael are taken care of. Mr. Jack Friedman property owner and businessman on Third Street suggested that some concern should be given for the people owning property and with businesses on Third Street, and not just for moving traffic through town. He feels that removing parking on Third Street will speed the traffic and discourage shop- pers from coming into the area. Mr. Siegfried Herzog, property owner and Fourth Street merchant stated that he is in favor of the Faust - man Report and expressed concern that wer are going to do only a portion of what is recommended in the re- port and thus create problems such as a bottleneck at the west end of Fourth Street. He would like to see the entire plan implemented with the expenditure of the necessary money to purchase property and widen Fourth Street between 'H' Street and Second Street intersection. Mr. Clifford Chiaroni, Charlie's Market, 1701 Fourth Street suggested that in lieu of the Fifth and 'G' Streets and Fourth and 'G' Streets property there is less expensive property on 'F' Street which could be used. If parking is going to be removed on Fourth Street and on 'G' Street, it would greatly affect his business. Councilman Miskimen asked the City Engineer to show the plans for the sewer project which will be started soon and the detour system that has been worked out in connection with the sewer work. Mr. Caillouette explained that there would be many detours required in this project and that these detours would be a detractor to any good that might come from instituting a new traffic plan at this time. Mr. Robert Roumiguiere expressed concern that the heairng this evening will break down into detail of implementing the proposed changes and we will lose sigh of the traffic problem in downtown San Rafael. If something is not done so that shoppers can get into the downtown area, San Rafael is in serious trou- ble. He urged the implementation of the Faustman Report or an acceptable alternative. He quoted state- ments from the Faustman Report concerning the traffic flow in the central business district and the fact that local shoppers are discouraged from patronizing the establishments in the central area because of congestion and delays. Much of the sales tax and property tax revenue for San Rafael comes from down- town San Rafael, and if downtown San Rafael fails everyone loses. He urged the Council to appropriate $250,000.00 into budget for the improvement of parking and traffic flow in downtown San Rafael and then call for details as to how it will be spent. Nr. Swanson of Bret Harte stated that parking is not the problem but that traffic is. He urged the Coun- cil to go ahead with one-way streets as shoppers will not come into San Rafael with the traffic the way it is. Mr. Tom O'Toole spoke again urging the Council not to take any parking from any part of town. Parking meter revenue for the month of March, 1971 indicated that people are coming to San Rafael to shop and parking on the streets, and in the lots. Mrs. Carol Week stated that here business is new here and that one-way streets would be so detrimental she would have to look elsewhere for a shop. She suggested that a mall treatment of Fourth Street would be desirable. 159 Mr. George Davidson, a property owner on Marin Street and a licensed civil engineer expressed reservations about making Fourth Street one: -way as there are shops that cater to the type of cliental who don't went to fight busy traffic. Mr. Cliff Chiaroni stated that San Rafael needs something downtown to attract people to the area rather than moving traffic through. Mr. John Wolf of the City Planning Department expressed the views of the Planning Department that Fourth Street is the only purely commercial street in the central business district, and as such is predominately pedestrian oriented. A one-way street pattern on Fourth Street would detract from this pedestrian usage. Councilman Jensen felt that not enough persons were present to be representative of the feeling of the downtown merchants and suggested a canvass of merchants in the area be made. Councilman Mulryan agreed with the City Planning Department that unless the City is sure that it will not hurt the merchants and the entire environment, irreversible changes should not be made. Councilman Barbier stated that if the plan were to be implemented immediately it would not help the traf- fic situation in downtown San Rafael because of the geographic lay -out of the City. Mayor Bettini suggested that a poll be taken and directed the City Manager to make such a poll through some directive to the staff. The public hearing was continued to July 12th, 1971 at 7:30 P.M. Council adjourned to Monday, July 12th, 1971. MARION A. GRADY, City�Clerk Approved this 6 7-L day of - /� 197• &?a,C�c� L -' MAYOR OF THE CITY OF SAN RAFAEL - In the Council Chambers of the City of San Rafael, Monday, June 21st, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the minutes of the special and regular meetings of June 7th, 1971, a true and correct copy having been heretofore submitted to each member, were approved. RE: BID OPENING - LINDEN LANE DRAINAGE CORRECTION - PROJECT NO. 9620 (70.125) - File 4-1-181 The following bids were received, opened and read: W. K. McLellan Company $ 7,428.30 Bresnan-Dalecio $ 7,666.00 Piombo Bros. $ 7,755.12 W. R. Forde $ 8,516.00 Ghilotti Bros., Inc. $ 8,670.00 Maggiora & Ghilotti $ 9,170.00 RESOLUTION NO. 4052 - RESOLUTION OF AWARD OF CONTRACT. (W. K. McLellan Company) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BID OPENING - SANITARY SEWER RELOCATION ON SOUTHERN HEIGHTS BOULEVARD - PROJECT 9614 (7V.133 -F -F4 - File -1-182 The following bids were received, opened and read: W. K. McLellan Company $ 12,435.20 W. R. Forde $ 13,721.50 Maggiora & Ghilotti $ 14,450.00 RESOLUTION NO. 4053 - RESOLUTION OF AWARD OF CONTRACT. (W. K. McLellan Company) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The amount budgeted for this project is $10,500.00 and Finance Director, John Averett stated that he would re -program the funds in the Capital Improvement Budget. RE: PUBLIC HEARING - APPEAL OF PLANNI`'G COMMISSION'S ACTION - USE PERMIT AND ARCHITECTURAL APPROVAL OFFICE COMPLEX, 4360 REDWOOD HIGHWAY, JOHNNY RIBEIRO, OWNER, RONALD GLANDER, REPRESENTATIVE - F 10-5 x 10-7 P Mayor Bettini declared the public hearing open. A letter was submitted from Dohemann & Company withdraw- ing their appeal of the Planning Commission's action in granting Use Permit 71-42 and Architectural Ap- proval 71-42. The applicant has revised his plans to bring the proposed development up to the standards prescribed by the Northgate Industrial Park deed restrictions. Mayor Bettini closed the hearing without action. RE: AMENDMENT TO SAN RAFAEL GENERAL PLAN - PART VI 'HOUSING ELEMENT' - File 115 Mayor Bettini declared the public hearing open. Planning Director Herbert G. Hotchner reported that a 1969 state law amendment makes it mandatory to adopt a housing element as one of the several subordinate elements to the San Rafael General Plan. He reviewed the slight modifications to the text as the result of public hearings by the Planning Commission, and, in answer to questions from the Council, stated that a citizens advisory committee was not mandatory un- less we were working under the federal workable program guidelines. Mrs. Arthur Nichols who represents the Presbyterian Church in San Rafael on the Ecumenical Association for housing expressed her support of the housing element. Mr. Charles Giffin, Minister of the First Presbyterian Church of San Rafael speaking as an individual in- dicated his support for the housing element as proposed. Mrs. Priscilla Bull, representing the League of Women Voters of Cental Marin stated that it is her belief that citizens participation is essential to help the total community understand the housing element. Various segments of the community must be involved in the develokment of the housing goals in order to be interested in implementing them. Mrs. Elizabeth Falk, 40 Bonnie Banks thought that there had not been enough publicity on the subject and asked the Council to deliberate before taking steps and to consider the proposal of the League of Women Voters for a citizens committee participation. Planning Director Herbert Hotchner stated that in November of 1970 wide distribution had been given to the technical report on the housing element, and although there was not a large number present at the 1614 public hearing, a good segment of the community was represented. There being no one further wishing to address the Council in this matter, the Mayor declared the hearing closed. The Council made two changes in the draft as approved by the Planning Commission (1) that the creation of a citizens committee will be at the discretion of the City Council (2) a more grammatical expression of the paragraph relating to the City striving to facilitate the construction of less expensive new residen- tial units. Motion was made by Councilman Mulryan, seconded by Councilman Barbier, to approve the housing element with the corrections subject to the corrections being approved by the Planning Commission. AYES: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4059 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AMENDMENT TO GENERAL PLAN. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CARPETING - SAN RAFAEL PUBLIC LIBRARY - File 12-8 x 4-2-88 City Librarian, Mrs. Vivian Smith reported that the bids received for carpet;ng the San Rafael Public Library had been reviewed by the Library Board and as the cost was higher than the amount budgeted, the Library Board recommends rejecting all bids. The Board intends to request an appropriation for carpet- ing in the 1971-72 budget and ask for new bids. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the bids be rejected. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 1019 - Final Adoption - File 13-7 Ordinance No. 1019 amending Title 8 of the Municipal Code by adding Chapter 8.30 regulating the use of vehicles for human habitation which was ordered passed to print at the meeting of May 17th, 1971 was pre- sented for final adoption. A number of interested persons appeared before the Council to ask how this ordinance would affect the storage and use of recreational trailers and campers. City Attorney, Fred Robbins, Jr. reported that the Police Department had asked for the ordinance to control vehicles being used for human habitation on City streets and certain exceptions in the ordinance permit recreational vehicles to be parked on private property providing the Planning Department requirements are met. CHARTER ORDINANCE NO. 1019 - An ordinance of the City of San Rafael amending Title 8 of the Municipal Code by adding Chapter 8.30 regulating the use of vehicles for human habitation, and numbering Charter Ordinance No. 1019 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 1020 - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 1020 - An ordinance of the City of San Rafael correcting certain errors in Ordinance No. 997, which ordinance added Chapter 14.72, entitled "Mobile Home Parks", and numbering Charter Ordi- nance No. 1020 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to - wit. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 1021 - Final Adoption - File 9-8 CHARTER ORDINANCE NO. 1021 - An ordinance of the City of San Rafael correcting certain errors in Ordinance No. 1007, which ordinance added Chapter 14.12 entitled "Sign Review", and numbering Charter Ordinance No. 1021 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent,: Councilmen: None RE: ORDINANCE AMENDING TITLE 14, ZONING TO REFER TO CORRECT CHAPTER 14.92 "AMENDMENTS" AS PROCEDURE FOR CHANGES TO A P -U -D DISTRICT - CHARTER ORDINANCE NO. 1026 - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 1026 - An ordinance amending Section 14.50.095 of Title 14 (Zoning) of the San Rafael Municipal Code so as to refer to the correct Chapter 14.92, and numbering Charter Ordinance No. 1026 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LIBRARY IMPROVEMENT AND DEVELOPMENT - File 12-8 x 4-3-41 Mr. Donald R. Hegstrom, Managing Director of the Consulting Organization, San Francisco presented the Master Plan of Library Development and reviewed the results of the study of the San Rafael Public Library. After discussion with the Consultant, City Librarian and the members of the Library Board, the Council requested the Library Board to consider the Master Plan and make a proposal in the near future to im- plement the plan; to contact architects for proposals and bring the matter back for action by the Council. RE: SAN RAFAEL CHAMBER OF COMMERCE - File 119 x 4-6 Mr. Paul Ciampi, President of the San Rafael Chamber of Commerce reported on the activities of the chamber in presenting information to the public. It is his contention that this is a public service rather than advertising and thus not subject to the $1,000.00 limitation of the City Charter. City Attorney, Fred Robbins reported that he had researched the matter at the time of the proposed charter amendment and in his opinion $1,000.00 can be given to the Chamber of Commerce but any special services rendered would be subject to calling for bids. After discussion, the matter was refrred to City Manager, James McCown for further study. 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 Thirteenth Annual 1971 Hawaiian Inter- national Billfish Tournament to be held in Kailua-Kona, Hawaii, commencing July 16th through July 25th, 1971. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the above request be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SANITARY SEWER RECONSTRUCTION PROJECT - File 12-6 x 4-1-183 RESOLUTION NO. 4054 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR "SANITARY SEWER RECONSTRUCTION PROJECT NO. WS -CALIF -358" (Bid Opening 10:00 o'clock A.M. on the 19th day of July, 1971) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ROAD MATERIALS FISCAL YEAR 1971-1972 - File 4-2-89 RESOLUTION NO. 4055 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR FURNISHING ROAD MATERIALS FOR FISCAL YEAR 1971-1972. (Bid opening 2:00 o'clock p.m. on the 8th day of July, 1971) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen:None Absent: Councilmen: None RE: PERSONNEL - File 7-3 RESOLUTION NO. 4056 - RESOLUTION AUTHORIZING PAYMENT OF SALARY INCREASES RETROACTIVELY. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TAXES AND TAXATION - File 9-12 x % /7 Director or Parks and Recreation, Andrew J. Snyder presented a proposed ordinance providing for payment of fees in connection with construction of dwelling units and the establishment of such fees in Park and Recreation Fund. This ordinance has been unanimously recommended by the Parks and Recreation Com- mission. Councilman Miskimen asked if this was not in conflict with the newly adopted housing element in that it adds to the cost of housing. Mr. Carl Brown, Executive Director of the Redwood Empire Builders Association, spoke in opposition to the ordinance as it discriminates against new construction and he recommended that if the ordinance is adopted it include all construction such as commercial and industrial. An ordinance of the City of San Rafael adding Chapter 3.24 to Title 3 of the Municipal Code of the City of San Rafael, providing for the payment of fees in connection with the construction of dwelling units; the deposit of such fees in the Park and Recreation Fund and the use of such fund for public park and recreation purposes, and numbering Charter Ordinance No. 1029 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: Miskimen Absent: Councilmen: None 163 RE: PARKING METER FINES - File 11-18 The Council discussed the current bail schedule in connection with parking meters and non-moving viola- tions and on motion of Councilman Jensen, seconded by Councilman Mulryan, it wasiagreed to recommend to the Judiciary Council an increase of $1.00 in each case. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FREITAS PARK ROAD IMPROVEMENTS - PROJECT NO. 9111-71.144 - File 4-1-184 RESOLUTION NO. 4057 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT NO. 9111-71.144 FREITAS PARK ROAD IMPROVEMENTS. (Bid Opening Monday, the 19th day of July, 1971) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: JOINT POWERS AGREEMENT - DIXIE SCHOOL DISTRICT - File 4-7-3 A revised joint powers agreement between the Dixie School District of Marin County and the City of San Rafael for construction of certain improvements on the Don Timoteo school site for community recreation and park purposes was presented. RESOLUTION NO. 4058 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Dixie School District of Marin County and the City of San Rafael) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPEAL FROM PLANNING COMMISSION CONDITIONAL APPROVAL TO A THREE LOT SUBDIVISION ON SOUTHERN HEIGHTS BOULEVARD NEAR BRET HARTE ROAD - File 10-8 In connection with the urgency ordinance relating to appeals on subdivison matters which was passed at the meeting of June 7th, 1971, City Attorney, Fred Robbins, Jr. ruled that the ordinance could not be retroactive and therefore, no appeal from the decision of the Planning Commission can be made by persons other than the subdivider. Mr. Doug Chambers, 11 Southern Heights Boulevard, Mr. Henry M. Jonas, 11 Meyer Road, San Rafael address- ed the Council requesting that they be heard in the matter of the proposed subdivision on Southern Heights Boulevard near Bret Harte Road. After discussion, the Council informed those present that based on the City Attorney's ruling there is not a thing that can be done from a legal standpoint to permit a public hearing. RE: CLAIM FOR DAMAGES - KENNETH B. HOWARD - File 3-1 A claim for damages to a child's peddle car caused accidently by a city employee was presented by Mr. Kenneth B. Howard. Motion was made by Councilmen Jensen, seconded by Councilman Mulryan, the claim be denied and referred to our insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Mulryan, to place the following personnel on the regular payroll: (a) Michael E. Sousa, Police Cadet commencing June 18, 1971 at the monthly salary of $486.00, Range 3, Step A. (b) James W. Mann, Police Dispatcher, commencing June 18, 1971 at the monthly salary of $663.00, Range 10, Step A. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARKS AND RECREATION COMMISSION - File 9-2-4 Motion was made by Councilman Barbier, seconded by Councilman Mulryan, to accept the written resignation of George S. Burton as a member of the Parks and Recreation Commission. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: Miskimen Absent: Councilmen: None RE: PLANNING COMMISSION - File 9-2-6 At the request of Mayor Bettini, the appointment of three Planning Commissioner's is to be placed on the agenda for the next meeting. The terms of James Dougan and Jorgen Lunding are expiring, and Commissioner Klein is moving from San Rafael. RE: ANNEXATION - File 5-2 At Councilman Miskimen's suggestion, the City Manager was requested to send a letter to State Senator Peter H. Behr expressing support of AB 813 (Knox) Annexation. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated June 21st, 1971, and Advice on Payroll dated June 18th, 1971, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT PARKING DISTRICT CAPITAL IMPROVEMENT STORES FUND EQUIPMENT AND REPLACEMENT Payroll: Council adjourned. GENERAL FUND PARKS FUND LIBRARY FUND $ 39,301.58 1,010.17 4,518.27 240.00 43,174.25 4,097.64 1,701.87 5,519.57 $ 99,563-35 $ 136,478.86 4,984.08 4,787.91 $ 146,250.85 MARION A. GRADY, City Clerk lI Approved this 1 day of _./ &,-- l 19 7/ &� z Li?'� MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Tuesday, July 6th, 1971 at 7:30 P.M. Special Meeting: RE: PERSONNEL - File 7-5— Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman 165 City Council met in executive session regarding an employee whose employment had been terminated and whose leave of absence expired June 30th, 1971. No action was taken to reinstate the employee. Council adjourned. MARION A. GRADY, City Cler Approved this day of / 19 7/lye - -• MAYOR OF THE CITY OF AN RAFAEL In the Council Chambers of the City of San Rafael, Tuesday, July 6th, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the minutes of the regular adjourned meeting of June 14th, 1971 and the regular meeting of June 21st, 1971, a true and correct copy having been heretofore submitted to each member were approved with correction of a typographical error in the amount of the bid from Ghilotti Bros., Inc. in the Linden Lane Drainage Correction. RE: PERSONNEL - File 7-5 City Attorney announced that the City Council met at 7:30 in executive session regarding the termination of employment of an employee whose leave of absence expired on June 30th, 1971, and that the Council had taken no action to extend the leave of absence. RE: PUBLIC HEARING - UNDERGROUND UTILITY DISTRICT NO. 3 - File 12-18 Mayor Bettini declared the hearing open. Director of Public Works, Norris Rawles reported that the hearing had been set for this evening to de- termine whether the area bounded by Mission Avenue to Third Street and 'A' Street to 'E' Street shall be declared an underground utility district. There being no one present wishing to discuss the matter, the Mayor declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to proceed with establishment of Underground Utility District No. 3. RESOLUTION NO. 4060 - ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 3. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ADVERTISING SIGNS - $100.00 CASH BOND REQUIRED - File 125 CHARTER ORDINANCE NO. 1028 - An ordinance of the City of San Rafael amending Section 8.12.090 of Title 8 of the Municipal Code of the City of San RafaeI,and numbering Charter Ordinance No. 1028 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PLANNING COMMISSION - File 9-2-6 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to reappoint Mr. James Dougan and Mr. Jorgen Lunding to the City Planning Commission for a term of four years. RE: ZONING - SAN RAFAEL SANITATION DISTRICT TREATMENT PLANT - File 10-1 Director of Public Works, Norris Rawles reported that a large development of townhouses and apartments is being proposed for the property adjacent to the San Rafael Sanitation District Treatment Plant. He requested that the Council make some determination as to the advisability of homes this close to the sewage treatment plant. After discussion with the City Planner, it was the consensus of the Council that the matter should go through regular channels by action of the Planning Commission. RE: ABANDONMENT OF CITY STREET - File 3-5-22 x 5-1-200 Planning Director, Herbert G. Hotchner reported that two street patterns were dedicated on the Ceccotti Tract on Francisco Boulevard with one or the other to be abandoned after study. The Planning Commission at the meeting of June 22nd, 1971 recommended abandonment of the 30 foot wide easement contiguous with the easterly property lines and the 35 foot wide easement contiguous with the northerly property line of the rear parcel. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the Public Works Department be in- structed to initiate abandonment procedures. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: COVENANT RUNNING WITH THE LAND, 1017 'D' STREET - File 4-11-38 Planning Director, Herbert G. Hotchner reported that the building at 1017 'D' Street is to be converted into small offices and a requiremejt of the use permit approved by the Planning Commission is for the reservation of five parking spaces at 1405 Fifth Avenue. The purpose of the covenant is to permanently tie the parking to the adjoining lot. RESOLUTION NO. 4061 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT - MR. W. RICE, #3 CORTE VERANO - File 2-11 Mr. W. Rice of #3 Corte Verano requests permission to install 6 foot high chain link fence, 3 feet into right-of-way within 6 inches of back of sidewalk along one side of his lot. This had had Planning De- partment approval and approval is recommended by the Public Works Department. Motion was made by Councilman Barbier, seconded by Councilman Jensen, Encroachment Permit No. 218 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RESURFACING OF VARIOUS STREETS - PROJECT NO. 71.151 - File 4-1-185 RESOLUTION NO. 4062 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 9311 (71.151) RESURFACING OF VARIOUS STREETS. Bid opening August 2nd, 1971 at 8:00 o'clock P.M. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SCETTRINI ANNEXATION - File 5-2-52 Planning Director Herbert Hotchner reported that the Local Agency Formation Commission had approved the annexation of the Scettrini property to the City of San Rafael without notice, without hearing and with- out election. The Council questioned whether or not public streets were a part of this annexation, and it was determined by the City Planner that there were no streets involved. RESOLUTION NO. 4063 - RESOLUTION APPROVING ANNEXATION OF THE CITY OF SAN RAFAEL OF UNINHABITED TERRITORY LYING ADJACENT THERETO DESIGNATED AS "SCETTRINI ANNEXATION'' Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RIE: FUNDING FOR PUBLIC EMPLOYEES' RETIREMENT SYSTEM - File 7-1-20 x 8-14 City Finance Director, John Averett informed the Council that the 1/50 formula for miscellaneous members effective July 1, 1971 along with other improved retirement benefits has resulted in an unfunded liability of $307,351. Public Employees' Retirement System offers several options for paying this, and it is his recommendation that the City select the year 2000 as the funding period. RESOLUTION NO. 4064 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Public Employees' Retirement System) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SIGN ORDINANCE - AMORTIZATION - File 10-11 City Attorney, Fred Robbins, Jr. asked the Council to consider the policy that it wishes the Planning Commission to take in connection with changes in the content of a sign when a business changes hands. The Planning Commission has determined that any change in a sign would require approval of the Planning Commission, and strict compliance with the requirements of the ndw sign ordinance. The Council agreed to take a more liberal view and follow the program as suggested by the City Planner that a sign text can be changed but that no extension of the amortization period would be allowed in these cases. RE: PARKING AND PARKING LIMITS - TRAFFIC IMPROVEMENT PLAN OF THE CENTRAL BUSINESS DISTRICT - File -3-23 x 12-4 x 11-14 x 11 - The continuation of the public hearing on the Faustman Traffic Report which was scheduled for July 12th, 1971 was postponed to August 9th, 1971 at 8:00 o'clock P.M. RE: ABATEMENT PROCEEDINGS - 33 MAYWOOD WAY - File 3-3-20 Chief Building Inspector, Jack Coates reported that no noticeable activity has taken place on the pre- mises at 33 Maywood Way. The thirty day right of appeal expires July 7th. Mr. Richard Lynch has an additional 30 days in which to complete the repairs to the structure at 33 Maywood Way. RE: SAN RAFAEL GENERAL PLAN - HOUSING ELEMENT - File 115 The City Council pointed out to the Planning Director that item 5D of the Housing Element names specific organizations as sponsors of moderate income housing and feels that since these organizations may change and it is not the policy to name any group, the wording should be broadened to read "any type of organiza- tion working in this direction." The City Attorney ruled that since this is informational it would be permitted to make the correction in copies of the housing element for distribution. RE: SPECIAL ASSESSMENT DISTRICT - File 6-0 Mayor Bettini reported that the merchants in the area of the Montecito Shopping Center are concerned with the parking situation and have inquired about the establishment of a parking district. The City Manager was asked to assist the merchants in the establishment of a parking district. It was also suggested that the city -owned lot a Union and Fourth Street be made available to the public at a reasonable charge and the Public Works Department was requested to investigate the improvement of the lot. RE: BOARD OF EXAMINERS AND APPEALS - File 9-2-7 City Attorney, Fred Robbins, Jr. was requested to prepare an ordinance amending the municipal code so as to permit an appeal to the City Council from decisions of the Board of Examiners and Appeals. RE: PERSONNEL - file 7-5 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to employ a Groundsman and a Main- tenance Man. (a) Edward Labasan, Groundsman, commencing July 6, 1971 at the monthly salary of $634.00, Range 9A. (b) William R. McGrath, Maintenance Man 1, commencing July 7, 1971 at the monthly salary of $634.o0, Range 9A. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated July 6, 1971, and Advice on Payroll dated July 2nd, 1971, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 52,343.50 PARKS FUND 972.23 LIBRARY FUND 592.83 PARKING DISTRICT 835.27 CAPITAL IMPROVEMENT 7,744.08 STORES FUND 147.12 EQUIPMENT & REPLACEMENT 2,924.93 EMPLOYEE RETIREMENT 34,708.99 $100,268.95 Payroll: GENERAL FUND 121,730.46 PARKS FUND 4,997.22 LIBRARY FUND 4,516.49 Council adjourned to Monday, July 19th, 1971 at 8:00 P.M. $ 131,2 .17 MARION A. GRADY, City Clerk Approved this �/c1� day of 1-1 / 197/ MAYOR OF THE CITY OF SAW RAFAEL 169 In Room 201 of the City Hall of the City of San Rafael, Monday, July 19th, 1971 at 7:00 o'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: Harry A. Barbier, Councilman RE: EMPLOYEE, POLICE AND FIRE ASSOCIATIONS - File 7-2 x 7-3 City Manager, James McCown reviewed with the Council the requests of the representatives of the mis- cellaneous employees, the Police Department and the Fire Department employees. He also presented the recommendations for reclassification of certain employees. The above matters were discussed by the Council and continued to a future date. Council adjourned. MARION A. GRADY, City Clerk Approved this day of �. u��19 MAYOR OF THE CITY OF S9N RAFAEL In the Council Chambers of the City of San Ra{ael, Monday, July 19th, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: Harry A. Barbier, Councilman Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the minutes of the special meeting of July 6th, 1971 and the regular meeting of July 6th, 1971, a true and correct copy having been hereto- fore submitted to each member, were approved. RE: FREITAS PARK ROAD IMPROVEMENTS - PROJECT NO. 9111-71.144 - File 4-1-184 The following bids were received, opened and read: Brown Ely Company $ 21,138.50 Forde Construction Company $ 21,225.00 Ghilotti Bros., Inc. $ 21,577.50 The Public Works Department reviewed the bids and the award of contract was held over until the adoption of the Capital Improvement Budget. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DENIAL OF FILL PERMIT UP 71-56 - 1955 FRANCISCO BOULEVARD - File 10-5 Mayor Bettini declared the public hearing open. Senior Planner, Charles Linthicum reported that this proposed fill operation lies within the drainage assessment district now being formed. The Planning Commission denied the application as the Council has indicated that development decisions on property within the assessment district area should lie with them. He presented the Commission's recommendations for certain conditions in the event the City Council up- holds the appeal. These conditions are: 1. Filling be done in complete conformance with a fill plan to be submitted to and approved by the City Engineer. 2. Only clean fill, no rubbish or demolition debris, is per- mitted. 3. No fill may be placed in existing drainage easement area. 4. All fill shall be done under the supervision of a soils engineer. The appellant, Mr. Ed Dulin spoke to the Council and stated that he agrees to the conditions as pre- sented. Mayor Bettini declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to uphold the appeal and to grant the use permit with the Planning Commission's conditions attached. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: SIGNS - File 125 Mr. Gordon Paar representing the Marin Shakespeare Festival addressed the Council stating that he had been informed that the banners advertising the Marin Shakespeare Festival are in violation of a city ordinance. He asked that an exception be made for this season as the Marin Shakespeare Festival has been operating for eleven seasons and has contributed to the economy of San Rafael, as well as being a cul- tural asset. After discussion, the Council agreed that to permit the banners would establish a precedent and Mr. Paar was instructed to have the banners removed. RE: FINAL ADOPTION - ORDINANCE PROVIDING FOR THE PAYMENT OF FEES IN CONNECTION WITH CONSTRUCTION OF DWELLING UNITS AND DEPOSITING OF SUCH FEES IN THE PARK AND RECREATION FUND - File 9-12 x 9-3-17 CHARTER ORDINANCE NO. 1029 - An ordinance of the City of San Rafael adding Chapter 3.24 to Title 3 of the Municipal Code of the City of San Rafael, providing for the payment of fees in connection with con- struction of dwelling units; the deposit of such fees in the Park and Recreation Fund and the use of such fund for public park and recreation purposes, and numbering Charter Ordinance No. 1029 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: Miskimen Absent: Councilmen: Barbier 171 RE: HOUSING - File 13-16 Mr. Wallace K. Shepherd of the Marin County Housing Authority addressed the Council informing them that the Marin County Housing Authority has requested the Federal Government to subsidize 500 additional leased housing units in the County of Marin. He requested that the City increase the number of leased housing units permitted in the City, and remove the two year residency requirement and add instead a pre- ference clause in which residents of the City would be given preference to the leasing of subsidized housing. He stated that the Housing Authority is phasing out substandard rental units and requested that a monthly or quarterly date be established for reporting to the City. Also speaking on behalf of the expansion of the leased housing program were Mrs. Adeline Wilson, Mrs. Arthur Nichols and Mrs. Priscilla Bull. The matter was referred to City Manager, James McCown and continued to August 16, 1971. RE: JOINT POWERS AGREEMENT FOR PROVIDING RECREATIONAL PROGRAM FOR SENIOR CITIZENS - File 4-13-10 Director of Parks and Recreation, Andrew J. Snyder presented a Joint Powers Agreement with the County of Marin for the Senior Citizens Program and stated that the County this year has agreed to contribute the sum of $10,000.0000 to assist with the financing of the program for 1971-72. RESOLUTION NO. 4065 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Joint Powers Agree- ment for Senior Citizen Program Funding) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: ROAD MATERIALS FOR FISCAL YEAR 1971-72 - File 4-2-89 Director of Public Works, Norris Rawles reported that the bids for road materials had been opened on July 8th, 1971 and referred to his department for review and recommendation. RESOLUTION NO. 4066 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1971-72 AS ENUMERATED AND SET FORTH ON THE AGREE- MENT ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. (McPhail's Inc.) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini floes: Councilmen: None Absent: Councilmen: Barbier RESOLUTION NO. 4067 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1971-72 AS ENUMERATED AND SET FORTH ON THE AGREE- MENT ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. (Basalt Rock Co. Inc.) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: SAN RAFAEL PARK UNIT 2 - File 5-1-177 Director of Public Works, Norris Rawles reported that the Dixie School District has requested that the Council remove an existing one foot non -access strip at the end of Montev ideo Way to allow the School District use of the new parking lot planned for their Oak View School. This proposal has already received Planning Commission approval and the Public Works Department recom- mends that a resolution be adopted. RESOLUTION NO. 4068 - RESOLUTION AREMOVING ONE (1) FOOT NON -ACCESS STRIP FROM THE NORTHEASTERLY TERMINUS OF MONTEVIDEO WAY AS SHOWN ON THE RECORD SUBDIVISION MAP OF ''SAN RAFAEL PARK UNIT TWO'' Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: ENCROACHMENT PERMIT - 11 AV ALA COURT - File 2-11 Director of Public Works, Norris Rawles reported that Barbara Zrnich of 11 Ayala Court has requested Council approval to construct a decorative stone curb, 12 inches high, approximately 50 feet in length, at the back of existing sidewalk to preclude dirt and debris from falling on sidewalk from upslope behind behind sidewalk. The Planning Department has approved this application and the Public Works Department recommends approval. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, Encroachment Permit No.219 be granted. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: VILLA REAL UNDERGROUND UTILITY DISTRICT - File 12-18 x 6-23 Mr. Edwin N. Ness from the law offices of Sturgis, Den-Dulk, Douglass & Anderson appeared before the Council and presented the necessary petitions, maps and resolutions in connection with the undergrounding of utilities in Villa Real District. The Council by motion regularly made and seconded adopted the following resolutions: RESOLUTION NO. 4069 - RESOLUTION APPROVING BOUNDARY MAP. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RESOLUTION NO. 4070 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESS- MENT PROCEEDINGS FOR THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS IN VILLA REAL UTILITY UNDERGROUNDING ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RESOLUTION NO. 4071 - RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING THE EXECUTION OF AGREEMENT. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RESOLUTION NO. 4072 - IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS IN VILLA REAL UTILITY UNDERGROUNDING ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: SANITARY SEWER RECONSTRUCTION PROJECT - File 12-6 x 4-1-183 Director of Public Works, Norris Rawles reported that bids for the Sanitary Sewer Reconstruction Project were opened at 10:00 o'clock, July 19th and bids received were as follows: McGuire & Hester ..............................$ 815,434.00 Valley Engineers, Inc . ..........................$1,077.031.25 Maggiora-Ghilotti Schedule B $338,334.00 Schedule C $398,770.00 He recommended that all bids be rejected as being too high. The Council discussed the rescheduling of work with the City Engineer and Consulting Engineer, and it was regularly moved and seconded to reject all bids and to call for bids at the meeting of August 2nd. Bids to be opened at 10:00 o'clock a.m. on September 2nd, 1971. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the following personnel were authorized to be placed on the regular payroll: (a) William R. Kirchoff, Groundsman, Range 9, Step A, $634.00 per month effective July 1st, 1971. (b) Walter C. Leonovicz, Groundsman, Range 9, Step A, $634.00 per month effective July 12, 1971. (c) Merritt Hewitt, Fireman, Range 14, Step A, $794.00 per month effective August 1, 1971. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: PLANNING COMMISSION - File 9-2-6 A letter of resignation from the Planning Commission from V. Judson Klein was received. Motion was made by Councilman Jensen, seconded by Councilman Mulryan to accept the resignation and that a letter commending Mr. Klein for his service to the City be sent. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier 173 RE: PLANNING COMMISSION - File 9-2-6 AND PARKS AND RECREATION COMMISSION - File 9-2-4 Mayor Bettini asked that the appointment of a Planning Commissioner to replace Mr. Klein and appointment to the Parks and Recreation Commission to fill the vacancy be placed on the agenda for the meeting of August 2nd. RE: CAPITAL IMPROVEMENT BUDGET - File 8-5 Councilman Miskimen suggested the date for the hearing on the Capital Improvement Budget be given publi- city so that the public can attend the hearing. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated July 19th, 1971, and Advice on Payroll dated July 20th, 1971, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND PARKING DISTRICT CAPITAL IMPROVEMENT FUND STORES EQUIPMENT & REPLACEMENT TRUST AND AGENCY FUND Payroll: Council adjourned. GENERAL FUND PARKS FUND LIBRARY FUND $ 9,845.35 126.38 2,550.56 125.00 3,523.38 588.76 3,586.22 825.00 $ 21,170. 5 $111,169.07 4,979.00 4,587.10 $120,735.17 MARION A. GRADY, City Clerk Approved th i s,�rj A'day of r 97/ MAYOR OF THE CITY F SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Thursday, July 29th, 1971 at 7:30 P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E: Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: Harry A. Barbier, Councilman Councilman Barbier arrived at 9:45 P.M. RE: EMPLOYEES ASSOCIATIONS - File 7-8-1 x 7-8-2 x 7-8-3 The Council met in executive session with representatives of the San Rafael Employees' Association, San Rafael Police Association and San Rafael Fireman's Association. The matters in which the various employee associations and municipal relations officer could not reach agreement were discussed. The meeting adjourned. MARION A. GRADY - Citq Clerk Approved this %Lday of &/ 1971 L1 t MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City Hall, City of San Rafael, Monday, August 2nd, 1971 at 7:30 P.M. Special Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: LEGAL ACTIONS - File 3-2 The Council met to discuss with the City Attorney the Writ of Mandate filed against the City by Edward Wachsman et al. Council adjourned. MARION A. GRADY, City Clerk Approved thhs day of19 MAYOR OF THE CITY VF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, August 2nd, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the mintes of the special meeting of July 19th, 1971 and the regular meeting of July 19th, 1971, a true and correct copy having been here- tofore submitted to each member, were approved. RE: RESURFACING OF VARIOUS STREETS - PROJECT 9311 (71.151) - File 4-1-185 The following bids were received, opened and read- Ghilotti Bros., Inc. $ 78,108.75 Brown -Ely Company $ 70,059.50 W. R. Forde Company $ 67,741.00 The bids were referred to the Public Works Department and it was their recommendation that W. R. Forde be awarded the contract. RESOLUTION NO. 4074 - RESOLUTION AWARDING CONTRACT. (W. R. Forde Company) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - PROPOSED WEIGHT LIMITS ON LINCOLN AVENUE - File 11-5.1 Mayor Bettini declared the hearing open. Director of Public Works, Norris Rawles reported that pursuant to Section 35705 of the California Vehicle Code, Notice of Intention to Impose Weight Limits on Lincoln Avenue had been published in the newspaper four consecutive weeks. He informed those present that this weight limit would not apply to any vehicle which is subject to the provisions of Section 1031 to 1036 inclusive of the Public Utilities Code of the State of California nor to any vehicle owned by a public utility or licensed contractor while necessari- ly in use in the construction, installation or repair of any public utility. There being no one present wishing to address the Council on this matter, the Mayor declared the hearing closed. An ordinance of the City of San Rafael amending Chapter 5.52 of the San Rafael Municipal Code by amending 5.52.020D thereof, truck routes, and numbering Charter Ordinance No. 1030 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REPAIRS TO DEFECTIVE SIDEWALK - 378 FORBES AVENUE - File 11-7 Mayor Bettini declared the hearing open. Director of Public Works, Norris Rawles reported that the property owner of 378 Forbes Avenue had been notified to repair the sidewalk in front of the property and that when repairs were not made, the Public Works Department proceeded to have said repairs done at a cost of $634.15. Mayor Bettini reported that the property owner, Leroy Wilkie had ordered the work done by a private con- tractor for a cost of $600.00 and had left town believing that the work would be done. The Mayor de- clared the hearing closed. Motion was made by Councilman Barbier, seconded by Councilman Mulryan, to reduce the cost of city repairs to $600.00, payable on demand. RESOLUTION NO. 4073 - RESOLUTION OF CITY COUNCIL OF THE CITY OF SAN RAFAEL CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS, LEVYING ASSESSMENT FOR THE REPAIR OF SIDEWALKS, ETC., AND ORDERING COLLECTION THEREOF WITH REGULAR TAXES. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARKING AND PARKING LIMITS - File 11-8 Warren Robinson appeared before the Council to request the hiring of additional meter maids to take care of the all day parking on Fourth Street. The matter was referred to the City Manager for investigation, and recommendation. RE: FREITAS PARK ROAD IMPROVEMENTS - PROJECT NO. 9111-71.144 - File 4-1-184 Director of Public Works, Norris Rawles reported that the Finance Director has informed him that money is now available for the Freitas Park Road Improvements and he recommended that the contract be awarded to Brown -Ely Company. RESOLUTION NO. 4075 - RESOLUTION AWARDING CONTRACT. (Brown -Ely Company) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: SANITARY SEWER RECONSTRUCTION PROJECT - File 12-6 x 4-1-186 Director of Public Works, Norris Rawles reported the bids for the Sanitary Sewer Reconstruction Project had been opened, and at the meeting of July 19th, 1971 had been rejected as being too high. Consulting Engineer, Dominic Selmi addressed the Council stating that the plans had been revised reducing the work to a minimum and increasing the time for completion of the project to six months. RESOLUTION NO. 4076 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR SANITARY SEWER RECONSTRUCTION PROJECT - SCHEDULE A. (Bid opening September 2nd, 1971 at 10:00 a.m.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: AGREEMENT - PACIFIC GAS AND ELECTRIC COMPANY - File 4-4 Director of Public Works, Norris Rawles presented an agreement between the Pacific Gas and Electric Com- pany and the City of San Rafael for the acceptance of an easement deed for sewer line crossing San Rafael Service Center Property and agreement to quitclaim to Pacific Gas and Electric Company a certain ease- ment which now affects Pacific Gas and Electric Company San Rafael Service Center Property. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the Mayor and City Clerk be authorized to sign the agreement and that the City of San Rafael accept grant of sewer easement from Pacific Gas and Electric Company, and initiate abandonment procedures on the present easement. RESOLUTION NO. 4077 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Pacific Gas and Electric Company) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RESOLUTION NO. 4078 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. (Pacific Gas and Electric Company) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: ROAD MATERIALS FOR FISCAL YEAR 1971-72 - File 4-2-90' City Attorney advised that there should be a recall for bids in the purchase of road materials for fiscal year July 1, 1971 - June 30, 1972 as one bid had been misplaced and overlooked when the bids were opened. RESOLUTION NO. 4079 - RESOLUTION APPROIVNG PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND IN- STRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR FURNISHING ROAD MATERIALS FOR FISCAL YEAR 1971-72. (Bid opening August 16, 1971 at 10:00 a.m.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: ABANDONMENT OF EASEMENT - PORTION OF CECCOTTI TRACT - File 3-5-22 x 5-1-200 The City Council at its meeting of July 6, 1971 instructed the Public Works Department to initiate abate- ment proceedings. RESOLUTION NO. 4080 - RESOLUTION OF INTENTION TO VACATE VARIOUS EASEMENTS. (Portion of "Ceccotti Tract") Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: FREEWAYS AND STATE HIGHWAYS - File 11-16 Director of Public Works, Norris Rawles reported that the Division of Highways is making a state-wide study of the State Highway System for classification of Highways and Streets, and is recommending ''Dele- tion" of Highway 17, west of Highway "101", from the State Freeway System. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to request the Division of Highways of the State of California to hold a public hearing to continue their efforts to find a satisfactory route for Highway 17. I Y "i Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GRANT DEED FROM KERNER-BELLAM COMPANY - ONE-HALF STREET RIGHTS-OF-WAY ON IRENE STREET AND KERNER BOULEVARD - File 2-2 RESOLUTION NO. 4081 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. (One-half Stre6t Rights of Way on Irene Street and Kerner Boulevard) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GRANT DEED FROM CAPITAL PROGRAM, INC. - PROFESSIONAL CENTER PARKWAY - File 2-2 RESOLUTION NO. 4082 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. (Professional Center Parkway) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPEALS FROM ACTIONS OF BOARD OF EXAMINERS AND APPEALS - File 10-12 An ordinance of the City of San Rafael amending Chapter 12.08 of Title 12 of the Municipal Code of the City of San Rafael, by adding Section 12.08.075 thereto, entitled ''Appeals'', and numbering Charter Ordi- nance No. 1031 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PLANNING COMMISSION - File 9-2-6 The appointment of a replacement for V. Judson Klein to the Planning Commission was continued for two weeks. RE: PARKS AND RECREATION COMMISSION - File 9-2-4 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, that Jack MacPhee be appointed to the Parks and Recreation Commission for the unexpired term of George Burton. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - ELIGIBILITY LIST FOR THE POSITION OF POLICE SERGEANT - File 7-4 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to certify the eligibility list for the position of Police Sergeant as presented. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to appoint Charles Brobeck as Police Sergeant at Range 17, Step D, $1046.00 effective August 1, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to place Winston C. McQuiddy, Typist -Clerk II, Planning Department at $545.00 per month effective August 2, 1971• Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC IMPROVEMENT PLAN - CENTRAL BUSINESS DISTRICT - D. JACKSON FAUSTMAN REPORT - File 11-14 Public hearing on the Traffiic Improvement Plan of D. Jackson Faustman originally scheduled for August 9th ws put over to September 13th, 1971 at 8:00 o'clock p.m. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated August 2nd, 1971, and Advice on Payroll dated August 5th, 1971, 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 EQUIPMENT & REPLACEMENT Payroll: GENERAL FUND PARKS FUND LIBRARY FUND Council adjourned to Monday, August 9th, 1971. $ 30,686.61 2,493.98 799.22 576.57 1,792.82 377.13 791.96 $ 37,518.29 $132,800.66 4,979.00 4,989.62 $142,769.28 MARION A. GRADY, City Clerk Approved this A/:'A day of19 % MAYOR OF THE CITY -OF SAN RAFAEL 179 In the Council Chambers of the City of San Rafael, Monday, August 9th, 1971 at 8:00 o'clock P.M. Regular Adjourned Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman The meeting was called to order and the Council adjourned to Room 201 for executive session. RE: CAPITAL IMPROVEMENT PROGRAM BUDGET - File 8-5 The Council reviewed with the Director of Public Works, City Engineer, and the Director of Parks and Recreation the program for capital improvement for fiscal year 1971-72. RE: SOUTH SAN PEDRO ROAD - LANDSCAPING -File 4-13-14 Mr. Herrick of the Loch Lomond Homeowner's Association requested the Council to include the landscaping on the north side of South San Pedro Road between Manderly Road and Bayside Acres. The Council instructed the City Manager to see that this is included in the plan for future landscaping. RE: LOUISE A. BOYD MUSEUM OF NATURAL SCIENCE - File 139 Mr. Robert Roumiguiere approached the Council with a request for financial assistance in the construc- tion of a small zoo at Boyd Museum. Discussion ensued as to the legal means of contributing to this private enterprise. Council adjourned. MARION A. GRADY - City Clerk/ Approved this 774- day of 1971 MAYOR OF THE CITY OFF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Monday, August 16th, 1971 at 7:30 P. M. Special Meeting: RE: PERSONNEL - File 7-5 Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Council discussed the procedure to be used in the selection of a person to replace Fire Chief Vance Trivett who retires August 31, 1971. MARION A. GRADY, City Clerk RENEE J. BU SSO, Deputy City Clerk Approved this day of 19 MAYOR OF THE CITY V SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, August 16, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman AL 18 AC Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of the special meeting of August 2nd, 1971 and the regular meeting of August 2nd, 1971, a true and correct copy having been heretofore submitted to each member, were approved. RE: LOUISE A. BOYD MUSEUM OF NATURAL SCIENCE - File 139 Mr. Robert Roumiguiere requested a contribution from the City for establishment of a limited zoo at Louise A. Boyd Museum of Natural Science. Councilman Jensen was excused from the meeting. Motion was made by Councilman Ba rbier, seconded by Councilman Miskimen, to enter into an agreement with the governing body of the museum for an amount not to exceed $2500.00. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: Jensen Councilman Jensen returned to the meeting. RE: OVERNIGHT PARKING - MOUNTAIN VIEW AVENUE - File 11-8 x 13-3 Mr. Walter Smith, 327 Mountain View Avenue asked the Council to have the ordinances relating to overnight parking and the ordinance for control of dogs running at large enforced. Mr. Smith was advised to call the Marin County Humane Society if there is a problem with the dogs and to inform the Police Department when the overnight parking ordinance is being violated. RE: ABATEMENT PROCEEDINGS - 33 MAYWOOD WAY - File 3-3-20 Mr. John Becker, Soils Engineer and Mr. Holtzinger, Excavating, Grading and Paving Contractor for Mr. Richard Lynch addressed the Council regarding the work being done at 33 Maywood Way to stabilize the woil. After discussion, the Council agreed to continue proceedings to tp Swptember 7th with the under- standing that this continuance in no way constitures a waiver of the abatement proceedings and the Council is giving no authority to proceed with any work. Mr. Lynch was requested to file a work schedule in detail and a $10,000.00 performance bond prior to the September 7th meeting. RE: PROPOSED WEIGHT LIMITS ON LINCOLN AVENUE - File 11-5.1 CHARTER ORDINANCE NO. 1030 - An ordinance of the City of San Rafael amending Chapter 5.52 of the San Rafael Municipal Code by amending 5.52.020D thereof, Truck Routes, and numbering Charter Ordinance No. 1030 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPEALS FROM ACTIONS OF BOARD OF EXAMINERS AND APPEALS - File 10-12 CHARTER ORDINANCE NO. 1031 - An ordinance of the City of San Rafael amending Chapter 12.08 of Title 11 of the Municipal Code of the City of San Rafael, by adding Section 12.08.075 thereto, entitled ''Appeals'', and numbering Charter Ordinance No. 1031 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PLANNING COMMISSION - File 9-2-6 Motion was made by Councilman Jensen, seconded by Councilman Barbier, Mr. Benjamin C. Albritton be ap- pointed to the San Rafael Planning Commissi on to fill the unexpired term of V. Judson Klein. Ayes: Councilmen: Barbier, Jensen, and Mayor Bettini Noes: Councilmen: Miskimen and Mulryan Absent: Councilmen: None RE: MARIN COUNTY HUMAN RIGHTS COMMISSION - File 13-17 Mr. Gerald Hood, Director of the Department of Human Rights introduced himself to the City Council and offered his assistance to the Council and the City Manager in connection with the proposed amendment to the leased housing resolution. RE: SAN RAFAEL SANITATION DISTRICT - File 12 - Councilman Miskimen was excused from the meeting. RESOLUTION NO. 4085 -RESOLUTION GRANTING JURISDICTION TO THE BOARD OF DIRECTORS OF THE SAN RAFAEL SANITATION DISTRICT, MARIN COUNTY, CALIFORNIA, IN THE MATTER OF BAYSIDE ACRES SEWER ASSESSMENT DISTRICT, AND SAN RAFAEL SANITATION DISTRICT, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen Councilman Miskimen returned to the meeting. RE: MUNICIPAL CODE - File 1-5-1 An agreement with Book Publishing Company for supplemental service to the San Rafael Municipal Code in- creasing the price of page to $15.50 effective September 1st was presented to the City Council. The matter was referred to the City Clerk for investigation of the possibility of having the work done by a local firm with competitive prices. RE: ROAD MATERIALS FOR FISCAL YEAR 1971-72 - File 4-2-90 RESOLUTION NO. 4086 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1971-72 AS ENUMERATED AND SET FORTH ON THE AGREE- MENT ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. (Basalt Rock Company) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4087 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1971-72 AS ENUMERATED AND SET FORTH ON THE AGREE- MENT ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. (McPhail's) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4088 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1971-72 AS ENUMERATED AND SET FORTH ON THE AGREE- MENT ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. (Shamrock Materials) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4089 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1971-72 AS ENUMERATED AND SET FORTH ON THE AGREE- MENT ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. (Hutchinson Company) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ANNUAL BUDGET AND TAX RATE - File 8-5 x 9-12-1 City Finance Director, John Averett presented the operating budget of $4.992,520.00 and capital improve- ment budget of $2,183,735.00. The Council adopted the budget as presented and established the tax rate for fiscal year 1971-72 at $ .90. RESOLUTION NO. 4090 - RESOLUTION FIXING THE RATE FOR FISCAL YEAR 1971-72. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT - DEPARTMENT OF INTERIOR GEOLOGICAL SURVEY - File 4-10-51 x 12-9 Director of Public Works, Norris Rawles presented an agreement with the United States Department of the Interior for a Flood Frequency and Sediment Study for the City of San Rafael. This was approved at the budget hearing and the sum of $7,400.00 appropriated for the study. RESOLUTION NO. 4091 - A RESOLUTION AUTHORIXING THE SIGNING OF A LEASE OR AGREEMENT. (Geological Survey, United States Department of the Interior - Flood Runoff Study) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: STORM DRAIN EASEMENT - OVER PORTION OF THE KERNER-CANAL PUMP STATION OUTFALL LINE - File 2-4 The acceptance of storm drain easement for expansion of the existing easement over a portion of the Kerner -Canal pump station outfall line was carried over to the meeting of September 7th, 1971. RE: SOUTHERN HEIGHTS BOULEVARD, SANITARY SEWER RELOCATION - File 4-1-182 Director of Public Works reported that the contractor for the Southern Heights Boulevard, Sanitary Sewer Relocation Project has requested an extension of time to and including the 30th day of September, 1971. i ul tj RESOLUTION NO. 4092 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ABANDONMENT OF EASEMENTS - P.G.&E SERVICE YARD - File 2-12 RESOLUTION NO. 4093 - RESOLUTION OF INTENTION TO VACATE VARIOUS EASEMENTS. (Hearing set for September 20, 1971 at 8:00 P.M.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RECORD OF SURVEY - BRANDENBURGER LOT - SOUTHERN HEIGHTS BOULEVARD - File 5-4-9 Director of Public Works, Norris Rawles presented and Agreement between J. Sheldon Brandenburger and Sharon F. Brandenburger and the City of San Rafael to construct a sewer main extension on Southern Heights Boulevard; together with agreement for undertaking and cash deposit in lieu of performance bond and agreement for undertaking and cash deposit in lieu of labor and materials bond. RESOLUTION NO. 4094 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Brandenburger Subdivision Agreement - Southern Heights Blvd.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettin i Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4095 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Brandenburger Subdivision - Performance Bond - Southern Heights Blvd. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4096 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Labor and Materials Bonds - Brandenburger Subdivision - Southern Heights Blvd.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE_: RECORD OF SURVEY - BRANDENBURGER LOT - SOUTHERN HEIGHTS BOULEVARD - File 5-4-9 Director of Public Works, Norris Rawles presented an addendum to the original agreement from J. Sheldon Brandenburger and Sharon F. Brandenburger for the granting of various easements to the City over his property. RESOLUTION NO. 4097 - A RESOLUTION AUTHOIRZING THE SIGNING OF A LEASE OR AGREEMENT. (Addendum to Brandenburger-Subdivision Agreement - Southern Heights Blvd.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT - 870 SECOND STREET - File 2-11 Director of Public Works, Norris Rawles presented an application for an awning to be constructed 6 feet into public right-of-way at 870 Second Street. Planning Department has approved and the Department of Public Works recommends approval of the encroachment permit. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, Encroachment Permit No. 221 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT - 33 LOS ROBLES DRIVE - File 2-11 Director of Public Works Norris Rawles reported that application has been received for a small retaining wall to be constructed in public right-of-way at 33 Los Robles Drive as part of a driveay approach. Planning Department has approved and the Department of Public Works recommends approval. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, Encroachment Permit No. 222 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: HELICOPTER SERVICE - MOBILE OFFICE, 1637 FRANCISCO BOULEVARD - File 10-5 Planning Director, Herbert G. Hotchner told the Council that permission had been granted to Golden Gate Helicopters to establish an office in a mobile trailer at 1637 Francisco Boulevard with the condition that the City Council review and approve the request. The Council discussed the fact that the Planning Depart- ment permitted the office trailer to be used for six months or in the event the drainage assessment dis- trict now in the formation stage is legally formed prior to December 27th, 1971, then the permit shall remain in force and effect for two years. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to permit the Helicopter service and mobile trailer office as approved by the Planning Commission. Ayes: Councilmen: Barbier, Jensen, and Mayor Bettini Noes: Councilmen: Miskimen and Mulryan Absent: Councilmen: None RE: MARIN COUNTY COURTHOUSE - File 124 Arthur E. Wedemeyer of the Marin United Veterans Council asked for the support of the City Council in ap- pealing to the Marin County Board of Supervisors to relocate World War 1 doughboy statue near the west end of the Veterans Memorial Auditorium. Motion was made by Councilman Jenslen, seconded by Councilman Barbier, to adopt a resolution requesting the Board of Supervisors to consider the request of the Marin United Veterans Council. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ORDER OF PRIORITY FOR ENFORCEMENT OF NEW SIGN ORDINANCE - File 10-1 x 125 Planning Director, Herbert Hotc hner presented the recommendation of the Planning Commission for priority in enforcing the sign ordinance. The matter was discussed by the Council and it was agreed that the order of priority as suggested be approved except that billboards would be the number one priority. RE: RESIGNATION OF FIRE CHIEF - File 7-5 The resignation of Fire Chief, Vance Trivett effective August 31, 1971 was presented. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to accept the resignation with re- gret and that a resolution be adopted commending Mr. Trivett for his years of excellent service to the City of San Rafael. ..**-*RESOLUTION NO. 4097-A - see bottom of page Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ELIGIBILITY LIST FOR THE POSITION OF POLICE LIEUTENANT - File 7-4 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to certify the eligibility list for the position of Police Lieutenant as presented. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Miskimen, appointment of Phillip D. Green as Police Lieutenant at Range 19, Step D, effective September 1, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Barbier, to place Jerry Almand on the regular monthly payroll as Fireman, Range 14, Step A, $794.00 per month effective September 1, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SALARY AND WAGES - REGULATIONS - File 7-3 RESOLUTION NO. 4083 - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL PROVIDING FOR CERTAIN OFFICERS, ASSISTANTS, DEPUTIES, CLERKS AND EMPLOYEES OF THE CITY OF SAN RAFAEL AND FIXING THE COMPENSATION AND WORKING CONDITIONS THEREOF. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4097-A - RESOLUTION HONORING FIRE CHIEF VANCE TRIVETT UPON HIS RETIREMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None .A F 5 RESOLUTION NO. 4084 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING A "Y" RATED SALARY RANGE FOR CLERICAL CLASSIFICATIONS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Counc`lmen: None RE: MEMORANDUM OF AGREEMENT WITH SAN RAFAEL EMPLOYEES' ASSOCIATION AND SAN RAFAEL POLICE ASSOCIATION - Fi le 7-8-1 x 7-8-3 Motion was made by Councilman Barbier, seconded by Councilman Jensen, to accept the memorandum of agree- ment with the San Rafael Employees' Association and San Rafael Police Association. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: MEMORANDUM OF AGREEMENT - SAN RAFAEL FIREMAN'S ASSOCIATION - File 7-8-2 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to accept the memorandum of agree- ment with the San Rafael Fireman's Association. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARK DEPARTMENT - File 9-3-66 x 12-5 The City Council named the Mini -Park on East Canal Street "Schoen Park" in honor of Mr. Robert Schoen who did so much work in the development of the Mini -Park. RE: UNDERGROUND UTILITIES - C.A.T.V. - File 12-18 x 9-7-4 The City Council agreed to waive the requirement that Tele-Vue Systems underground its facilities within the area of Underground Utility District #3 at this time, however, they did stipulate that they felt, pursuant to the ordinance granting the franchise to Tele-Vue, that if in the future there was a demand for the services in this area, they would expect Tele-Vue to honor their commitment and their require- ments, and to provide their services to the potential subscribers. RE: FREEWAY AND STATE HIGHWAYS - File 11-16 Director of Public Works, Norris Rawles reported a meeting will be held in the Marin County Board of Supervisors Chambers on September 16th at 7:30 P.M. regarding a route for Highway 17. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Adv ice on Warrants dated August 16th, 1971, and Advice on Payroll dated August 20th, 1971, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT PARKING DISTRICT CAPITAL IMPROVEMENT STORES FUND EQUIPMENY & REPLACEMENT Payroll: Council adjourned. GENERAL FUND PARKS FUND LIBRARY FUND $ 23,210.60 1,518.53 1,970.14 35,128.04 125.00 14,242.40 955.56 2,842.85 $ 79,993.12 $ 111,665.03 3,839.04 3,895.30 $ 119,399.37 �_ ,�4- MARION A. GRADY, City Clerk Approved this ,l, day of LR'_, / 1971 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Tuesday, September 7th, 1971 at 8:00 o'clock P.M. Regular Adjourned Meeting: Present: Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: C. Paul Bettini, Mayor Vice -President of the Council and Acting Mayor Fred Jensen called the meeting to order. RE: APPROVAL OF MINUTES Motion was made by Councilman Barbier, seconded by Councilman Mulryan, the minutes of the special meeting of July 29th, regular adjourned meeting of August 9th, special meeting of August 16th and regular meeting of August 16th, 1971 , a true and correct copy having been heretofore submitted to each member, were ap- proved. RE: PUBLIC HEARING - ABANDONMENT OF EASEMENTS - CECCOTTI TRACT - File 3-5-22 x 5-1-200 Acting Mayor Jensen declared the hearing open. Planning Director, Herbert G. Hotchner informed the Council that the Planning Commission at its meeting of June 22nd, 1971 recommended abandonment of the 30 foot wide easement contiguous with the easterly property lines and the 35 foot wide easement contiguous with the northerly property line of Lot 3 as shown on the map of the Ceccotti Tract. The Council at its meeting of August 2nd, 1971 passed resolution of intention to vacate the easements and set this date for the public hearing. The Public Works Department recommends adoption of the resolution ordering closing, abandoning and vacat- ing various easements. There being no one else wishing to discuss the matter, Acting Mayor Jensen closed the hearing. RESOLUTION NO. 4098 - RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mulryan Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: DEDICATION OF PARK IN EAST SAN RAFAEL - SCHOEN PARK - File 9-3-66 Mr. Robert Schoen asked the Acting Mayor to appoint someone to be present at the dedication of the park in East San Rafael on Sunday, September 12th at which time the deed to the site will be presented to the City. Mayor Jensen advised Mr. Schoen that the deed would have to be accepted by the Council at a Coun- cil meeting. Motion was made by Councilman Barbier, seconded by Councilman Mulryan, that the City Council go on record that they will accept the deed when it is presented to them. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mulryan Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: STORM DRAIN EASEMENT - KERNER-CANAL PUMP STATION OUTFALL LINE - File 2-4 RESOLUTION NO. 4099 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mulryan Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RESOLUTION NO. 4100 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mulryan Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: ABATEMENT PROCEEDINGS - 33 MAYWOOD WAY - File 3-3-20 Mr. Richard Lynch informed the Council that the work on the property at 33 Maywood Way is proceeding as schedule, the soil work is completed, the house is leveled, the glass is in, and concrete piles have been pured. He has been unable to obtain a bond to guarantee the completion of this work. City Engineer, Ely Caillouette, Jr. stated that if Mr. Lynch pursues the work it should go fast. Motion was made by Councilman Mulryan, seconded by Councilman Barbier, to carry the matter over for thirty days without prejudicing the abatement proceeding and have Mr. Lynch here personally at the meeting of October 4th, 1971. Ayes: Councilmen: Barb ier, Jensen, Miskimen and Mulryan Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: SANITARY SE14ER RECONSTRUCTION PROJECT, WS -CALIF -358 - File 4-1-186 Director of Public Works, Norris Rawles reported that the following bids had been received, opend and read: Maggiora and Ghilotti $ 534,593.00 Valley Engineers $ 539,684.95 McGuire and Hester $ 539,273.00 As Maggiora and Ghilotti bid was within 10% of the engineers estimate, it was his recommendation that the resolution of intent to award contract be adopted. The bids must then be forwarded to HUD for evaluation. The Director of Public Works said that he v..ould like to discuss the re-evaluation of the financing schedule for the entire project at the next meeting as prices have increased since the b onds were passed a year ago. RESOLUTION NO. 4101 - RESOLUTION OF INTENT TO AWARD CONTRACT. (Maggiora & Ghilotti) Ayes: Councilmen: Barbier, Jensen, Miskimen and Mulryan Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: ENCROACHMENT PERMIT - W. RICE, 3 CORTE VERANO - File 2.-11 Director of Public Works, Norris Rawles reported that a request had been received from Mr. W. Rice of 3 Corte Verano for permission to install 3 foot high chain link fence 2 feet, 6 inches into right-of-way at back of sidewalk. This had had Planning Department approval. Motion was made by Councilman Barbier, seconded by Councilman Mulryan, Encroachment Permit No. 223 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mulryan Noes: Councilmen: None Absent: Councilmen: Mayor Bettini Mayor Bettiniarrived at the meeting. RE: SIDEWALKS, CURBS AND GUTTERS - File 11-7 The Council held over to the meeting of October 4th, 1971 the suggestion that intersection curbs be con- verted to ramps from Fourth and Lincoln Streets to Fourth and E Streets to enable the physically handi- capped to maneuver wheelchairs along Fourth Street with relative ease. RE: COVENANT RUNNING WITH THE LAND - SHAREHOLDER'S CAPITAL PROGRAMS, INC., 100 CHANNING WAY AT PROFES- SIONAL CENTER PARKWAY - File 4-11-39 Planning Director, Herbert G. Hotchner presented a covenant from Shareholder's Capital Programs, Inc. which provides that certain real property at Channing Way and Professional Center Parkway shall be main- tained as open space and no development other than required utility and access easements shall be per- mitted thereon. This covenant is required as a condition of Use Permit 71-19 approved by the Planning Commission. City Attorney, Fred Robbins, Jr. suggested that certain changes be made in the wording of the covenant and it was moved by Councilman Jensen, seconded by Councilman Miskimen, to adopt a resolution authoriz- ing the Mayor and City Clerk to sign the covenant as amended by the City Attorney. RESOLUTION NO. 4102 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Shareholder's Capital Programs, Inc.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SALE OF PROPERTY - NORTH SIDE OF FOURTH STREET BETWEEN MARY STREET AND UNION STREET - File 12- x 2-7 The Council agreed to the sale of 400 square feet more or less of property on the north side of Fourth Street and Union Street to the San Rafael Sanitation District for the appraised value of $3.00 per square foot. The San Rafael Sanitation District will exchange this property for an easement on Francisco Boule- vard for the installation of the force main now under construction. 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. 1032 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 City Manager, James McCown was requested to submit the resumes of 15 applicants for the position of Assistant City Manager to the Council and the Council will consider them in executive session to be held at 7:00 p.m. on September 20th. RE: CLAIM FOR PERSONAL INJURIES - MRS. STELLA LINDSEY - File 3-1 Claim for personal injuries from Mrs Stella Lindsey, 1012 Mission Avenue was presented. Motion was made by Councilman Jensen, seconded by Councilman Barbier, claim was denied and referred to the insurance carrier. Ayes: Councilmen: Barb ier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PERSONAL INJURIES - MR. AND MRS. JAMES SEARS - File 3-1 Claim for personal injuries from Mr. and Mrs. Jams Sears, 55 Fairfax Apt. #16, San Rafael was presented. Motion was made by Councilman Mulryan, seconded by Councilman Jensen, claim was denied and referred to the insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Mulryan, seconded by Councilman Barbier, to appropriate $1,500 to continue temporary student Planning Aide for purpose of Sign Ordinance implementation through November 30th, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7 - Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to certify the eligibility list for the postion of Patrolman as presented. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to place the following personnel on the regular monthly payroll as Fireman, Range 14, Step A, effective September 1, 1971: (a) Tommy Richmond (b) Jerry Roxberg Ayes: Councilmen: Barbier, Jensen, Miskimen, Milryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to place the following personnel on the regular payroll: (a) Gerald David Hasser, Patrolman, Range 14a, Step A, $812.00 per month effective September 20, 1971. (b) Ronald Gary Neil, Patrolman, Range 14a, Step C, $890.00 per month effective September 16, 1971. (c) Michael Grant Bunker, Patrolman, Range 14a, Step A, $812.00 per month effective September 9, 1971. (d) Gene Patrick Fahy, Police Cadet, Range 3, Step A, $486.00 per month effective September 9, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PURCHASE OF TAX DELINQUENT LANDS - File 2-15 The following parcels of land have been offered for sale by the County Tax Collector under Chapter 8 of the State Revenue and Taxation Code. Assessor's Parcel No. Location 10-031-01 (Oakwood Drive Slide Area) :11-082-01 (Landscaped Area on Tampa Drive) 11-081-64 (Road Connection between Tampa Drive and Robert Dollar Drive) 13-202-09 (End of Blossom Drive Extension) Motion was made by Councilman Jensen, seconded by Councilman Barbier, that these parcels should be ac- quired by the City for the sum of $5.00 per parcel. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None: Absent: Councilmen: None RE: SAN RAFAEL CITY EMPLOYEES ASSOCIATION - SAN RAFAEL FIREMAN'S ASSOCIATION - SAN RAFAEL POLICE ASSOCIA- TION - File 7-8-1 x 7=8-2-7-7-7--3 4 Councilman Miskimen suggested that the employees associations be notified in writing what is being done by the City in the current wage price freeze. RE: SIGNS - File 125 Planning Director, Herbert G. Hotchner asked that the Council consider the matter of the use of the word ''self-service'' on service station signs. Under the present sign ordinance the content of permanent signs at service stations is limited to ''identification'' signs. The Director asked the Council whether they felt that approval of signs saying ''self-service'' fell within that definition. The Council agreed that they did as long as the other limits of area and number of signs were observed. RE: APPOINTMENTS TO COMMISSIONS - File 9-2 City Manager, James McCown was requested to contact other cities to see how they arrive at appointments to commissions. RE: MUNICPAL CODE - File 1-5-1 Motion was made by Councilman Jensen, seconded by Councihman Miskimen, to accept the agreement with Book Publishing Company for supplemental service to the San Rafael Municipal Code. RESOLUTION NO. 4103 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Book Publishing Company) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated September 7th, 1971, and Advice on Payroll dated September 3rd, 1971, 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 FUND EQUIPMENT REPLACEMENT TRUST AND AGENCY FUND Payroll: GENERAL FUND PARKS FUND LIBRARY FUND Council adjourned to Monday, September 13th, 1971. $ 91,359.20 5,244.03 3,153.13 1,077.48 22,075.64 491.58 3,081.48 100.00 $126,582.-75 $ 123,611.45 5,259.00 5,365.98 $ 134,236.43 MARION A. GRADY, City ClerVJ Approved this day of 19 %I MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, September 13th, 1971 at 8:00 o'clock P.M. Regular Adjourned Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Absent: John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: PUBLIC HEARING - PARKING AND PARKING LIMITS - TRAFFIC IMPROVEMENT PLAN OF CENTRAL BUSINESS DISTRICT - File -3-23 x 12-4 x 11-14 x 11 - Mayor Bettini declared the continuation of the public hearing open and read a letter dated September 8, 1971 from Norris M. Rawles, Chairman of the San Rafael Traffic Committee with recommendations as follows: Improved signalization on Second and Third Streets. (2) Implement that phase of the Faustman Plan that would establish one-way streets north and southbound on "A", "B", "C", and "D" Streets. (3) These recommendations to be the extent of the changes to be recommended for this time." Mr. John Wolf, Advance Planner for the City of San Rafael presented the results of a survey conducted by the Planning Department by questionnaire to the downtown business operators. "53% of those questioned responded that they favored one-way streets for improving traffic. 81% of those questioned were opposed to making Fourth Street one-way as re- commended in the Faustman Report. 72% incicated that they were in favor of the Traffic Committee recommendation to improve the traffic flow for through traffic on Second and Third Streets by improved signalization and parking restrictions." City Engineer, Ely Caillouette, Jr. presented a map of the one-way street plan as outlined in the Faust - man Report which showed Second Street and Third Street as one-way streets (now existing); Irwin Street and Netherton Street one-way streets; Fourth Street one-way eastbound; Fifth Street one-way westbound; "A" Street one-way north between Second Street and Fifth Street; "B" Street one-way south between Second Street and Fifth Street, "C" Street one-way north between First Street and Fifth Street and "D" Street one-way south between First Street and Fifth Street. Mr. Caillouette stated that the reason Fourth Street and Fifth Street are not recommended at this time is that the sewer construction project to be undertaken in the near future will require certain detours which will create problems in changing the traffic pattern. He also explained the restriping and channelization that would be necessary to fit the one-way street pattern into the existing street system as well as the relocation of some parking meters. Councilman Jensen inquired if the plans include removal of parking on Second and Third Street. The City Engineer advised him that no parking would be removed as the streets would be torn up in the sewer work. A channelization and interconnect signalization will give an opportunity to study the results and deter- mine how it will fit into the east/west street pattern. Councilman Jensen, and Councilman Barbier each expressed the feeling that making Fourth Street one-way and speeding the traffic through on Second Street and Third Street would not help the downtown conges- tion, and since so many people are against it they would not be ,in favor of it. Mayor Bettini also agreed. The Council discussed with the City Engineer the number of parking meters to be removed, the cost of the signing and striping, and the type of interconnect signalization planned. Mr. Arthur Deiters, Fourth:Street businessman suggested that an extra lane be provided for right turns. Mr. Caillouette explained that the striping as it is now on Fourth Street is to al -ow traffic to get around the cars that are parking. The Chamber of Commerce has proposed left turn lanes but this would take one full lane away from the mov- ing traffic. Mr. Thomas O'Toole asked if consideration had been given to Fifth Street and Mission Avenue being made one-way. Mr. John Wolf said that it had not been stressed, but some merchants had expressed interest in this proposal. Steven Liggett State that none of the merchants on the west part of Fourth Street were polled but they are opposed to making Fourth Street one-way. Warren Robinson asked for clarification of the changes being considered tonight and if it was to be on a 90 day trial basis or permanent. He was informed that only north/south streets were being considered and it would be a permanent change. Jim Rawlins asked if the merchants on Second and Third Streets would get any written announcement of meet- ings prior to considering changes on these streets. The Mayor stated that there would be a public hear- ing and everyone would be informed. The Mayor declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the program as outlined by the Traffic Committee be approved. Ayes: Councilmen: Barbier, Jensen & Mayor Bettini Noes: Councilmen: None Absent: Councilman: Miskimen & Mulryan The City Engineer will present a detailed plan at a future meeting and the changes coZld be in effect prior to November 15th. MARION A. jGRADY - City Jerk Council adjourned. Approved this —x' day or Cc �- 19 7, MAYOR OF THE TY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, September 20th, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of the regular adjourned meeting of September 7th, 1971, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - ABANDONMENT OF EASEMENTS - PACIFIC GAS AND ELECTRIC SERVICE YARD - File 2-12 Mayor Bettini declared the hearing open. City Engineer, Ely Caillouette, Jr. informed the Council that the old sewer easement which crosses the Pacific Gas and Electric Service Yard between Lincoln Avenue and Lindaro Street is no longer required and the posting of the resolution of intention to vacate the easement has been accomplished. The Pacific Gas and Electric requires that the City provide a quitclaim deed to the easement. There being no one else wishing to discuss this matter, the Mayor declared the hearing closed. RESOLUTION NO. 4106 - RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS. (Sewer Easement P.G.&E. Yard) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING COUNTY ASSESSOR'S PARCEL 155-190-o4 AND 05 - CHARLES BELL - FROM P -C (PLANNED COMMUNITY) DISTRICT TO R -3 -B -D(30) (MULTIPLE RESIDENTIAL) DISTRICT - Fi,le 10-3 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner briefed the Council on the proposed rezoning of a parcel of land owned by Mr. Charles Bell at the end of Marin Center Drive from Planned Community to Multiple Residential (minimum site area 3,000 square feet per unit) District. The Planning Commission at its public hearing of August 10th, 1971 unanimously approved the rezoning subject to the following conditions: (a) Prior to the issuance of either a use permit or a building permit, owner shall apply to the County Assessor's office on Form 07-3001-59-2M for the removal of the line on the Assessor's map showing 155-190-04 and 05 as separate parcels and requesting that they be regarded as a single parcel, and be combined on the 1972-73 tax rolls. (b) There shall be an overall plan for the whole area acceptable to the Planning Commission, which plan can be amended by use permit action. The development of this area shall be con- trolled by such plan. There being on one else wishing to discuss the matter, the Mayor declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to approve the rezoning with the conditions imposed by the Planning Commission. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Sec- tion 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a P -C (Planned Community) District to R -3 -B -D(30) (Multiple Residential, minimum site area 3,000 feet per unit) district, and numbering Charter Ordinance No. 1033 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EAST SAN RAFAEL MINI -PARK - SCHOEN PARK - File 9-3-66 x 2-2 Councilman Mulryan reported that he had been present at the dedication of Schoen Park on Sunday, September 12th and had been given the deed to the park which he presented to the City of San Rafael. The Mayor and Council thanked Mr. Schoen for his efforts on behalf of this project. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to accept the deed. RESOLUTION NO. 4107 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. (East San Rafael Mini - Park - Schoen Park) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT - FOSTER & SIMON, BUILDERS, 18 CALA VISTA DRIVE - File 2-11 City Engineer, Ely Caillouette, Jr. presented a request for permission to construct a 4 ft. high concrete retaining wall and wing walls, approximately 12 ft. into public right-of-way, to support a driveway ramp connection for a proposed residence at 18 Cala Vista Drive. This does not require Planning Commission action. Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, Encroachment Permit No. 224 be issued. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT AND GRANT OF EASEMENT - #15 WEST CASTELEWOOD - File 2-11 x 2-4 City Engineer, Ely Caillouette, Jr. presented a request from the owner at #15 West Castlewood to construct a fence over a portion of a pedestrian easement in exchange for the grant of a drainage easement to the City of San Rafael. This does not require Planning Commission action. The Department of Public Works recommends that the encroachment permit be granted and the easement accepted. Motion was made by Councilman Barbier, seconded by Councilman Mulryan, Encroachment Permit No. 226 be granted and the drainage easement accepted when it is presented to the City of San Rafael. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SANITARY SEWER EASEMENT FOR BRANDENBURGER SUBDIVISION - File 5-4-9 x 2-3 City Engineer, Ely Caillouette, Jr. presented two sanitary sewer easements which are required in connec- tion with the sanitary sewer main extension on the Brandenburger Subdivision which has been approved by the Department of Public Works. RESOLUTION NO. 4104 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. (W. J. McGowan and June McGowan) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4105 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. (J. Sheldon Brandenburger and Sharon F. Brandenburger) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: COURT HOUSE SQUARE - File 124 Mayor Bettini proposed that the City acquire the old court house property from the County of Marin and suggested that a master plan for the development of the property be worked out. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, City Manager, James H. McCown be authorized to discuss the possibility of purchasing the court house property with county officials and to have the city staff begin developing possible use plans for the site. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SANITARY SEWER RECONSTRUCTION PROJECT -WS-CALIF -358 - File 4-1-186 Dominic J. Selmi of Dan Coleman Associates, Consulting Engineer for the sanitary sewer reconstruction pro- ject presented a review of the remaining elements of the proposed reconstruction of the sanitary sewer system, together with a summary of cost for all ten stages of the sewer reconstruction program. Mr. Selmi made the following recommendations: 1. The contract for Phase One be awarded to Maggiora-Ghilotti. 2. The scope of the testing and sealing pilot program be established by the City and forwarded to HUD for approval. 3. The construction program be reduced by deferring stages 6B, 7, 8, 9 and 10. This will require approva of both HUD and the San Francisc o Bay Water Quality Control Agency. 4. The City should also apply to HUD for an increase in grant because the portion of work that qualified has increased in cost, which should in- crease the amount of grant if funds are available. 5. The remainder of the construction program should be advertised for bidd- ing during December 1971 and the contract awarded in late January or early February, 1972. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the contract for Phase One be awarded to Maggiora-GhiIotti pending approval by HUD. Ayes: Councilmen: Barbier, Jensen, Miskimen , Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Barbier, to approve the recommendation 2, 3, 4 & 5 as outlined above and authorize the consulting engineer to meet with the City Engineer to establish the schedule for completion of work. Ayes: Counciimen : Barbier, Jensen, Miski men , Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPOINTMENT OF FIRE CHIEF - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the recommendation of the Fire Commission be approved and Robert E. Marcucci be appointed as Fire Chief of the City of San Rafael at a salary of $1,511.00 effective date September 20th, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7 - Motion was made by Councilman Barbier, seconded by Councilman Jensen, to place Gary R. Frugoli on the re- gular payroll as Patrolman, Range 14a, Step A, effective September 1, 1971, to fill existing vacancy. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: POLICE DEPARTMENT - File 9-3-30 It was regularly moved, seconded and carried that Joel Thompson be appointed as a Reserve Officer for the San Rafael Police Department. RE: STATE LEGISLATURE - File 116 The City Council directed City Manager, James H. McCown to contact State Senator Peter Behr and express opposition to Assembly Bill 2294 which will be heard by the Senate Committee on Local Government on September 28th. The Bill would prohibit cities from enacting regulations within mobile home parks. RE: SAN RAFAEL BEAUTIFICATION COMMITTEE - File 137 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to approve the expenditure of $600.00 to move the columns from the Fifth Street entrance to the old court house for use by the beauti- fication committee at the entrance to the City of San Rafael. Ayes: Councilmen. Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: JOINT POWERS AGREEMENT COUNTY OF MARIN - SOUTH SAN PEDRO ROAD - UNDERGROUND - File 4-13-14 The Council agreed to meet with the County Board of Supervisors at the Civic Center on the evening of October 26, 1971 for a public hearing on the South San Pedro Road undergrounding. /D RE: AGREEMENT - DEPART"1ENT OF INTERIOR GEOLOGICAL SURVEY - File 44-51 x 12-9 The Council agreed to the installation of a rain -gauge on the roof of City Hall to be used during the Flood Frequency and Sediment Study being made by the Department of Interior. The gauge will be turned over to the City at the end of the study. All claims approved by the Finance Committee were presented and warrants drawn for same as appears from the Advice on Warrants dated September 20, 1971, and Adice on Payroll dated September 20, 1971, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT PARKING DISTRICT CAPITAL IMPROVEMENT STORES FUND EQUIPMENT REPLACEMENT Payroll: GENERAL FUND PARKS FUND LIBRARY FUND Council adjourned. Approved this $ 42,464.00 3,455.05 762.39 35,384.45 137.08 15,978.40 1,405.18 4,552.92 $ 102,842-51F $ 111,080.50 4,979.00 4,756.40 $ 120,815.90 MARION A. GRADY, City Clerk d 6�� A 15,7/ tx�z k MAYOR OF THE CITY Or SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, October 4th, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: Harry A. Barbier, Councilman Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the minutes of the regular meeting of September 20th, 1971, a true and correct copy having been heretofore submitted to each member, were approved. RE: VISITING STUDENTS FROM SAN RAFAEL HIGH SCHOOL GOVERNMENT CLASSES - File 127 Councilman Miskimen-presented to the Council visiting students from two government classes at San Rafael High School. Mayor Bettfni on behalf of the Council welcomed the students to the Council meeting. RE: PUBLIC HEARING - AMENDMENT OF ZONING ORDINANCE SECTION 14.75.050(e) CONTROLLING POOL DECKS IN RE- QUIRED SIDE AND REAR YARDS - File 10-3 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner reported that a copy of the amendment as recommended by the Plann- ing Commission on September 14th, 1971 has been submitted. There being no one else wishing to address the Council in this matter, the Mayor declared the hearing closed. An ordinance of the City of San Rafael amending Title 14 (Zoning) of the San Rafael Municipal Code by adding regulations controlling pool decks within required side and rear yards and numbering Charter Ordi- nance No. 1034 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: PUBLIC HEARING - AMENDMENT OF ZONING ORDINANCE TO RECLASSIFY PORTION AP 175-010-87 LOCATED AT END OF MANUEL T. FREITAS PARKWAY FROM "U" UNCLASSIFIED DISTRICT TO PUD -R-1 PLANNED UNIT DEVELOPMENT SINGLE FAMILY RESIDENTIAL DISTRICT - File 10-3 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner stated that many of the people present at this hearing have been present at the Planning Commission hearings. The following documents were presented to the Council prior to the meeting: Staff report of September 14, 1971 - two pages. Minutes of the San Rafael Planning Commission, September 14, 1971 - pages 4 and 5. Staff map change map re: Z71 -17b and UP71-62. Mr. Hotchner also presented to the City Council letter from Carlos Gonzalez to the Planning Department September 13th, 1971. Letter from Donald E. Cooper to the Planning Department, September 2nd, 1971. Letter from Albert Bianchi to Fred Robbins, Jr. and attached proposed restrictive covenant. Mapped or drawn exhibits A-1, A-2, A-3, A-4, A-5, B, C-1, C-2, D-1, D-2, D-3, D-4 E-1, E-2, €-3, X, Y and z and slides Number 17 through 47 and City 3D Relief Maps Section. Mr. Hotchner stated that in the course of the hearings before the Planning Commission there were to major points of concern. People on San Mateo Court were basically concerned about the preservation of open space and appeared to be satisfied with the covenant as developed. The people who live in the Butternut Drive area are concerned about the effect of the extension of Manuel Freitas Parkway on the value of their homes, the glare from headlights and the safety factor in the roadway,. The applicant indicated that he would do certain work such as landscaping, earth mounds and barricades plus a ten inch curb for the entire length of the roadway, and in all cases there is a twenty foot distance between the property line and the curb line. A temporary turn around is proposed at the end of Manuel Freitas Parkway which will be relinquished at such time as the roadway is further extended. The applicant is dedicating at the re- quest of the City a right-of-way width for approximately 100 feet to the City limits line. Mr. Hotchner called the Council's attention to the specific conditions imposed by the Planning Commission which will be binding on the applicant when the property is developed. "(1) All statements and graphics labeled as part of this application are con- ditions of this zoning and form the criteria for development of the property affected by this zoning. (2) Engineered working drawings and legal documents covering all aspects of this development, including but not limited to, improvement and dedica- tion of Manuel Freitas Parkway; grading plan; utility dedails; street grades, widths and sections; street names; landscaping; walkways; light- ing; fencing; all structures; conditions, convenants and restructions, shall be submitted to and approved by the San Rafael Planning Commission prior to the commencement of any development of the property. However, the submission and approval of the engineered working drawings and legal documents may be phased to allow the improvement and dedication of the extension of the Manuel Freitas Parkway to precede the balance of the development. (3) A final condominium map incorporating the dedication and improvement of Manuel Freitas Parkway shall be submitted and no development may occur until said map is approved and recorded. (4) A detailed plan of the roadway berm, curb and barricade be submitted for the public hearing before the City Council. The Planning Director then showed a series of slides taken in the vicinity of the Butternut Drive property. Mr. Albert Bianchi, attorney representing the applicant addressed the Council and introduced Mr. Carlos Gonzalez, the engineer for the project, and the architect from the firm of Wooster, Bernardi and Emmons. Mr. Bianchi stated that he would not duplicate anything contained in the comprehensive and objective re- port of the Planning Director but would present supplemental information. There are 27 acres in the proposed development, 15 acres are to be left in perpetual open space. The density of use proposed is as low or lower than any density or intensity of land use in the Terra Linda area. The plan is to cluster the buildings in units of four residences or less with self-contained recreational facilities. A drawing was presented showing the way the entire 27 acres could be developed in single family dwellings meeting all zoning regulations as well as a drawing showing the cluster development with fifteen acres of open space. Mr. Bianchi has prepared an open space covenant which will assure that the greenbelt area will remain in perpetuity unless the residents of San Mateo Court and the City of San Rafael feel that it should be developed. Persons on Butternut Drive are concerned that the extension of Manuel Freitas Park- way comes too close to the rear of their lots and have suggested that the roadway be moved into the open space area which suggestion is not acceptable to the people on San Mateo Court. In connection with the extension of Manuel Freitas Parkway, it has been moved over as far as it can be moved, which is twenty feet, consistent with the required alignment. Also, the area is proposed to be heavily landscaped with guard rails and berms provided. Mr. Bianchi reported that the distance from the roadway to the rear of the property is an average of 95 feet, and also that the soils engineering firm of Cooper and Clark have made tests in the area and unequivocally state that there is no danger of instability of the bank. The residents of Butternut Drive do not want Freitas Parkway extended but since the County and the City ap- pear to be in agreement on the desirability of this extension and ultimately extending the road over the hill, the developer feels an obligation to extend the roadway. Councilman Mulryan asked if the open space covenant would include the homeowners association and Mr. Bianchi stated that it would and also be enforceable by the City of San Rafael, and the present or future owners of ten properties on Butternut Drive, Mr. Eugene Doyle representing a group of homeowners on Butternut Drive stated opposition to the proposal and in particular to the extension of Manuel Freitas Parkway. His clients are basically opposed because of the inherent unfairness insofar as it affects homeowners on Butternut Drive. The homes on Butternut Drive and Sandlewood Court were sold in 1965 and 1966, and at that time there was no indication that the roadway would be extended. Mr. Doyle checked the files of the State of California, the Division of Real Estate and could find no reference to this roadway extension at the time of the Butternut Drive develop- ment. He asked why the roadway could not be shifted to the south, and what are the alternatives to the proposed development. He voiced objection to property owners being subjected to a four lane road, thirty to fifty feet above the backyards of their homes on Butternut Road. Mr. Doyle asked for clarifi- cation of the changes made in the details of the safety dev ices to be provided and also asked for the detailed plan of the roadway berm, curb and barricade which the Planning Commission required the developer to submit for the public hearing before the City Council. Councilman Jensen addressed Mr. Doyle and stated that he had been on the Council in 1965 and 1966 when Mr. Kenney appealed the condition of the Planning Commission to construct one-half of the roadway and the Council had sustained the appeal believing that it was unfair to the prospective buyers of the property in Terra Linda Unit No. 24 to have to pay for the extension of the road for the entire length of the subdivision, however, the location of the roadway was always in the master plan and the plans of the County to be a link over the hill to Sleepy Hollow. Councilman Miskimen expressed the view that continuing Manuel Freitas Parkway up to the City limits as a four lane road may not be a wise move. Mr. Bianchi filed a copy of the standard subdivision questionnaire which is on file in the State of Cali- fornia Business and Commerce Agency, Department of Investment, Division of Real Estate in Sacramento, and which shows Manuel T. Freitas Parkway as an adjacent street in the Terra Linda Unit 24. Mr. Bianchi answered questions raised by Mr. Doyle regarding noise pollution, the alternatives to the proposed roadway and the ten inch curb. He answered the Mayor's question concerning the placement of a barrier by stating that if the Council and the City Engineer require that a barrier and an earth mound be required, they would agree to install whatever is necessary. City Engineer, Ely Caillouette, Jr. in answer to Councilman Mulryan's question stated that he had looked into the matter of safety and that a guard rail the entire length of the roadway would give necessary protection. He feels that the combina- tion of a guard rail, the ten inch curb and the trees which are planned for planting will be an effec- tive combination. Planning Director, Herbert G. Hotchner stated that the density as proposed has been checked, and is within the limits of what the zone permits based on the slope requirement. In summarizing his feelings, Mr. Doyle stated that if there is any unfairness in the extension of Manuel Freitas Parkway, and he feels that there is, because the homeowners have not had actual notice of the intended extension, the developer should be required to state what the alternatives are, and if there are no alternatives, why not. It is his feeling that the question of safety is paramount and comes before the question of how many acres of open space can be preserved. He would also like to know what kind of device specifically will be required for safety. City Engineer, Ely Caillouette, Jr. discussed the type of barrier in common use by the State of California Division of Highways, and it was agreed that the City would require a metal guard rail for the entire length of the roadway. Mayor Bettini asked Mr. Gonzalez to answer the opponents question as to why the roadway cannot be moved. Mr. Gonzalez stated that the road, if it were moved, would go right into a hill and that it would be infeasible to move it any distance. Mr. Hotchnet stated that the road as shown on the plan tonight is twenty feet over from what was original- ly shown at the Planning Commission hearing, and he feels that the barriers and the density of the plant- ing area in the buffer zone are satisfactory alternatives to the originally proposed roadway. Mayor Bettini declared the hearing closed. Councilman Miskimen discussed the County preliminary plan which shows a two lane road over the ridge line. He stated that it is inconceivable in the next fifteen or twenty years there will be need for a four lane road. He requested that the matter be put over for the resubmittal of a plan for a two lane road as the extension of Manuel Freitas Parkway. Mayor Bettini stated that the County preliminary plan is only in the discussion stage and at the time that the City of San Rafael acts on it, it may be advisable to have a four lane road. The extension of this roadway has been in the San Rafael General Plan as a four lane road to the ridge line since 1964 and the developer is willing to construct a four lane road and meet all the requirements of the City of San Rafel for safety and sound barriers, and the City should take advantage at this time. Motion was made by Councilman Jensen, to rezone the portion of County Assessor's Parcel No. 175-010-87 located at the end of Manuel T. Freitas Parkway from "U" Unclassified District to PUD -R-1 Planned Unit Development Single Family Residential District, with the conditions imposed by the Planning Commission and adding the condition that the safety barrier shall meet all requirements of the City Engineer. The motion failed for lack of a second. Mayor Bettini asked Councilman Miskimen and Councilman Mulryan to state for the record if they feel that there will not be a four lane road in this area in the future. Councilman Mulryan stated that in the studies he has seen, there will not be a requirement for more than two lanes in the next twenty-five years. Mr. Miskimen feels that if the County continues with the plan as proposed, tying in Lucas Valley Road and Whites Hill, the estimate of twenty-five to thirty years is a good one. Both Councilman agreed that there may be a need for four lane road by the year 2000. City Engineer, Ely Caillouette, Jr. stated that they had looked thoroughly at the roadway width with the County and envisions striping the paved width down to two lanes with a shoulder even though there is a forty-eight foot paved roadway. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to send the matter back to the Planning Commission for review of the two items, the roadway width, and striping and the barriers along the roadway. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier The Mayor reopened the public hearing and carried the matter forward to the meeting of October 18th. RE: SALE OF PROPERTY - NORTH SIDE OF FOURTH STREET BETWEEN MARY STREET AND UNION STREET - File 12-7 x 2-7 CHARTER ORDINANCE NO. 1032 - 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. 1032 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: ABATEMENT PROCEEDINGS - 33 MAYWOOD WAY - File 3-3-20 Mr. Richard Lynch reported to the Council that the work on his property at 33 Maywood Way is now ahead of schedule and the foundation is completed. The Council agreed that the abatement proceedings should be removed. Mr. Lynch was instructed to contact Chief Building Inspector, Jack Coates and make the necessary arrangements for having the abatement removed and the matter was continued to the meeting of October 18th. RE: PROCEDURE FOR APPOINTMENT OF MEMBERS TO CITY COMMISSIONS - File 9-2 City Manager, James McCown reported that he had contacted the County of Marin and five cities in Marin County as well as seven cities in the Bay area to determine their procedure for appointing members to various city commissions. After discussion with the Council, it was agreed that a person indicating in- terest should be sent an application with a description of the job requirements and an outline of the procedure to be folowed in making appointments. Mr. Mulryan also suggested that a cut-off date for re- ceiving applications be established. The matter was continued for two weeks for finalization. RE: SANITARY SEWER RECONSTRUCTION PROJECT - WS -CALIF 358 - File 4-1-186 XM—( - City M— City Engineer, Ely Caillouette, Jr. reported that in accordance with Dominic Selmi's suggestions at the meeting of September 20th, 1971, a letter has been prepared to send to HUD outlining a re-evaluation of the City's position and capabilities to complete the sanitary sewer reconstruction project. The City Engineer reviewed these details for the City Council, and the Council agreed that the City's official position in proceeding to complete the sanitary sewer reconstruction project so as to fulfill all re- quirements by HUD in order for the City to qualify for the HUD grant shall be as outlined in the letter of October 4, 1971 from the Director of Public Works to Department of Housing and Urban Development, One Embarcadero Center - Suite 1600, San Francisco, California 94111, and now on file in the office of the City Clerk Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to award a contract to Maggiora- Ghilotti, Inc. in the amount of $534,592.00 for the construction of the first schedule of work subject to the approval of HUD. RESOLUTION NO. 4111 - RESOLUTION OF AWARD OF CONTRACT. (Maggiora-Ghilotti,lnc.) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: UNDERGROUND UTILITY DISTRICT N0. 4 - SOUTH SAN PEDRO ROAD WIDENING PROJECT - PHASE IV - File 12-18-9 x 4-13-14 RESOLUTION NO. 4108 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CALLING A JOINT PUBLIC HEARING WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 4 - SOUTH SAN PEDRO ROAD WIDENING - PHASE IV. (City of San Rafael and Board of Supervisors of the County of Marin, Tuesday, October 26, 1971, 8:00 o'clock P.M. Marin County Civic Center) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: FREITAS PARK ROAD IMPROVEMENT - PROJECT NO. 9111-71.144 - File 4-1-184 Brown -Ely Company, Project Contractor, requests an extension of contract time to and including October 18th, 1971 as they are awaiting delivery of special electrical fixtures needed to complete the project. RESOLUTION NO. 4109 - RESOLUTION EXTENDING TIME FOR COMPLETION OF CONTRACT. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: GRANT OF EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES AT STANDARD OIL STATION DEVELOPMENT AT THE CORNER OF FOURTH AND "H" STREET - File 2-2 RESOLUTION NO. 4110 - RESOLUTION ACCEPTING GRANT OF EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: ENCROACHMENT PERMIT - TEXACO INC. - SOUTHWEST CORNER OF FOURTH AND IRWIN STREET - File 2-11 Texaco Inc. requests Council permission to construct three planters, six inches high, four feet into the Fourth Street right-of-way, as part of their new station development and landscaping at the southwest corner of Fourth and Irwin Street. This does not require Planning Commission action and the Department of Public Works recommends approval. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, Encroachment Permit No. 227 be granted. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: CLAIM FOR PERSONAL INJURIES - JODY SHUCK - File 3-1 A claim from Jody Shuck for injuries sustained on August 1st, 1971 across the street from 1533 Fourth Street, San Rafael was received by the Council. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to deny the claim and refer it to the insurance carrier. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: CLAIM FOR PROPRTY DAMAGE - MRS. DONALD KAMLER - 15 ARGUELLO CIRCLE - File 3-1 Claim from Mrs. Donald Kamler for damages caused to floor and carpeting in family room in her home caused by a sewer backup was received by the Counci. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to deny the claim, and refer it to the insurance carrier. City Manager, James McCown reported that the insurance carrier has been contacted and is investigating. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EMERGENCY CALLS - PUBLIC WORKS DEPARTMENT - File 12-6 City Manager was requested to investigate the cost of an answering service for night and weekend calls to the Department of Public Works for emergency services until an emergency number can be listed in the telephone directory when the new directory [s out next April. RE: ORDINANCE REQUIRING BACK-FLOW PREVENTER - File 1-6-3 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to instruct the City Building In- spector to have an ordinance prepared which will require a back-flow preventer on a sewer line. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: APPOINTMENT OF DEPUTY CITY TREASURER - File 9-315 Motion was made by Councilman Miskimen, seconded by Councilman Jensen, to appoint Rose Crader as Deputy City Treasurer effective July 1st, 1971. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to place Brian D. Bodily on the re- gular monthly payroll as Patrolman, Range 14a, Step A, $812 per month, effective September 23, 1971. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to place Roland Lee Brust, on the regular payroll as Jr. Civil Engineer, Range 15E, $999.00 effective October 26, 1971. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: URGENCY ORDINANCE AMENDING CHAPTER 8.12 BY ADDING SECTION 8.12.220 OF MUNICIPAL CODE OF THE CITY OF SAN RAFAEL PROHIBITING DISORDERLY CONDUCT AND CONDUCT WHICH IS INJURIOUS TO PERSONS AND PROPERTY WITHIN THE CITY LIMITS OF SAN RAFAEL - File 13 - City Attorney, Fred Robbins, Jr. reported that the Police Department has asked for an urgency ordinance to prohibit the partaking of any alcoholic liquor or alcoholic beverage on public properties, street, highway, sidewalk or passage way or in any park or playground. CHARTER ORDINANCE 110. 1035 - An urgency ordinance amending Chapter 8.12 by adding Section 8.12.220 of Municipal Code of the City of San Rafael prohibiting disorderly conduct and conduct which is dangerous or injurious to persons and property within the City limits of the City of San Rafael was read, introduced and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: ZONING VIOLATION - SMITH RANCH ROAD AT LUCAS VALLEY TURN-OFF - File 10-1 City Attorney, Fred Robbins, Jr. reported that he has beein in contact with Mr. Saxton and his attorney regarding the need for a use permit on the property at Smith Ranch Road and Lucas Valley Road. The matter was put over to the meeting of October 18th for a further report. RE: DRAINAGE PROBLEMS - JACOBY STREET - File 12-9 The City Engineer, and Director of Public Works were requested to investigate the drainage and flooding problem on Jacoby Street where the Golden Gate Bridge District buses are going to be stationed. RE: STOP SIGN AT KNIGHT DRIVE - File y0=9 Mayor B ettini suggested that a stop sign be installed at Knight Drive and San Pedro Road and requested the engineering department to investigate. RE: SAN RAFAEL YACHT CLUB LEASE - File 2-8-11 The City Attorney was asked to provide the Council with a copy of the current Yacht Club Lease and a re- port on the requests being made in the renewal. Also, the Parks and Recreation Department was requested to draw up a plan for landscaping the area and the matter is to be placed on the agenda for the meeting of October 18, 1971. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated October 4th, 1971, and Advice on Payroll dated October 5th, 1971, and now on file in Finance office to which reference is hereby made for further particulars: �t-ftY Claims: GENERAL FUND $ 44,144.84 PARKS FUND 1,279.17 LIBRARY FUND 3,770.95 PARKING DISTRICT FUND 556.54 CAPITAL IMPROVEMENT FUND 65,559.03 STORES REVOLVING 205.69 EQUIPMENT & REPLACEMENT 2,103.61 TRUST AND AGENCY 1,025.00 Payroll: GENERAL FUND $ 113,095.14 PARKS FUND 5,289.00 LIBRARY FUND 5,024.52 $$ 123,408 b-6 Council adjourned to Monday, October 18th, 1971 at 8:00 p.m. MARION A. GRADY, City Clerk Approved this day of (JC �b ��— 19 -7I MAYOR OF THE CITY OF SA RAFAEL In the Council Chambers of the City of San Rafael, Monday, October 18th, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Mu1ryan, the minutes of the special meeting of September 13th, and the regular meeting of October 4th, 1971, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - AMENDMENT OF ZONING ORDINANCE TO RECLASSIFY PORTION AP 175-010-87 LOCATED AT END OF MANUEL T. FREITAS PARKWAY FROM "U" UNCLASSIFIED DISTRICT TO PUD -R1 PLANNED UNIT DEVELOPMENT - SINGLE FAMILY RESIDENTIAL DISTRICT - File 10-3 Mayor Bettini declared the continued public hearing open. Senior Planner Charles Linthicum advised the Council that the Planning Commission has reconsidered the roadway width and the alignment for the extension of Manuel T. Freitas Parkway and recommends that the street be required as previously approved and recommended: The 48 foot section, as recommended by the commission, striping for two way traffic with wide shoulders and safe left -turn havens with the added advantage that, should traffic reach loads requiring four lanes, the road could accommodate four 12 foot travel lanes. Mr. Eugene Doyle reiterated his previous contention that since the Council had erred in 1966 in not re- quiring the developer to extend Manuel T. Freitas Parkway, which would have given prospective buyers notice of the intended extension, they should now require the developers of this subdivision to present alternatives to the placement of the proposed roadway. Mr. Doyle stated that if the roadway must be ex- tended, he hoped that it would not be more than a two lane roadway to provide access to the new develop- ment. The Council discussed with Mr. Doyle, the City Engineer and City Planner the feasibility of moving the road to the south, changing the alignment, narrowing the roadway to two lanes of paving. Councilman Miskimen asked what the width of the existing roadway is and what the percentage of grade will be for the next thousand feet. He also questioned whether Manuel T. Freitas Parkway would ever be extend- ed from the City limit line as a four lane highway. Mr. William Warnock, Jr., 22 San Mateo Court expressed his opinion that there is a good development of the site in this proposal and he hopes that the Council will encourage greenbelt areas in future develop- ments binding them with covenants. Mr. Carlos Gonzalez was asked by the Council once again to answer whether or not it was possible to move the roadway into the fifteen acre greenbelt area. He stated that the greenbelt area is a hillside and that the road must seek the saddle of the ridge. Mr. Gene Lindquist, 851 Butternut Drive spoke in opposition to a roadway 40 feet above his backyard. Mrs. William Warnock stated that no one in Terra Linda wants a four lane roadway, but, she would prefer to have the developer pay for the road than be taxed to pay for it at a later time. Mr. George Newman, 843 Butternut Drive also spoke in opposition to the proposed roadway. Mrs. Priscilla Bull suggested that the developer be permitted to build the townhouses and post a bond for the future construction of the roadway after the County has completed its study of the preliminary road- way plan. Mayor Bettini declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to reclassify a portion of County Assessor's Parcel No. 175-010-87 located at the end of Manuel T. Freitas Parkway and containing approxi- mately 27 acres from "U" Unclassified District to PUD -R-1 Planned Unit Development - S-ingle Family Residen- tial subject to the conditions pertaining thereto which were included as part of the zoning action by the Planning Commission September 14, 1971, and the conditions agreed upon at the City Council meeting of October 4, 1971. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Sec- tion 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from "U" (Unclassified) District to PUD -R-1 (Planned Unit Development - Single Family Residential) Dis- trict, and numbering Charter Ordinance No. 1036 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: Miskimen Absent: Councilmen: None RE: PUBLIC HEARING - AMENDMENT TO ZONING ORDINANCE TO RECLASSIFY COUNTY ASSESSOR'S PARCEL 175-060-26 AND PORTIONS OF 35 AND 03 (KAISER FOUNDATION HOSPITAL) A PORTION OF THE HILL BEHIND THE HOSPITAL, AND A DO D7 I r\KI /1C AI r1CDCr`ATC MCTI..OM I CT r'4.IIIDrI..I DOODCDTV CDr1M D -r' DI AKIKICn rnMMllnl I Tv n I CTR I nT Tn P -f pl Ommp COMMUNITY) DISTRICT TO PERMIT EXPANSION OF THE KAISER FACILITY TO FULL HOSPITAL CATEGURY - File IU -3 Mayor Bettini declared the hearing open. Senior Planner Charles Linthicum informed the Council that there was before them the minutes of the action vUI of the Planning Commission relating to this map change, together with a map of the site. He stated that the zoning change will permit the expansion of the Kaiser Facility to a full hospital category, which is, in the opinion of the staff, consistent with the area and the San Rafael General Plan. The plans and specifications submitted as part of this application will become part of this zoning action under the associated use permit and will control the total physical appearance, size and location of all site improvements. In answer to Councilman Miskimen's question, Mr. Linthicum advised that the architectural approval had been granted. There was no one else wishing to discuss the matter, the Mayor declared the hearing closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Sec- tion 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a P -C (Planned Community) District to P -C (Planned Community) District to permit amendment of exist- ing master plan, and numbering Charter Ordinance No. 1037 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DENIAL TO AMEND ARCHITECTURAL PLANS WHICH WOULD PERMIT PERMANENT DEVELOPMENT OF PROPERTY AT 2029-2031 FRANCISCO BOULEVARD, FRED GRANGE, OWNER AND APPLICANT - File 10-7 Mayor Bettini declared the hearing open. Senior Planner Charles Linthicum reported that a sketch and a brief staff report have been submitted to the Council. This is an appeal of the Planning Commission's denial at its meeting of September 14,1971 to amend architectural plans which would permit permanent development of the property which lies within an area where drainage is a major problem. The Planning Commission previously approved the development with the stipulation that the owner legally commit the property to the future drainage assessment dis- trict. The applicant then reapplied to have the condition removed because it materially affects the financing capabilities of any development. The Commission denied that request, resulting in this appeal. The Commission based on the recommendation of the planning staff and the city engineer found that to per- mit permanent development of any property in this area would preclude or seriously jeopardize the for- mation of assessment district to resolve the drainage problems in this area. City Engineer, Ely Caillouette, Jr. outlined the area in question and discussed the drainage improvements which were made in the 1966 Francisco Boulevard Assessment District, which is not a complete drainage system for the area. When the areas is developed and completely filled this system must be expanded for proper drainage o the area. Wallace Myers, Attorney, representing Mr. Grange stated that the land owned by Mr. Grange has already been assessed $16,000 for drainage improvements to property which is less than one acre and he is now being prevented from developing the property without committing himself by a covenanat to further assess- ment for drainage. Judge Samuel W. Gardiner stated that he owned eight acres next to Mr. Grange's property and that he had bought a substantial part of the property on reliance on the belief that the program heretofore developed was a complete program for his land. The drainage problem belongs to the property owners outsize of the 600 foot depth. Mr. Joseph Filippo and Mr. Lee Ceccotti also addressed the Council. Mayor Bettini declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to sustain the appeal and overrule the Planning Commission. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: UP71-89 LOCATED AT 1515 FRANCISCO BOULEVARD (A FILLED PORTION OF SAN QUENTIN DISPOSAL HEIFETZ OWNER, REPRESENTED BY MARTIN BRAMANTE - File 10-5 HARRY The Planning Commission granted a use permit subject to City Council review and approval for temporary auto wrecking yard, storage and maintenance contractor's equipment and supplies, and firewood storage and sales. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, UP71-89 be approved. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BOYD HILLSIDE PARK - File 4-1-177 x 9-3-66 Mr. Carl B. Shapiro representing Mr. Russell Amos of 1415 Nye Street appeared before the Council to point out the deep concern felt by his clients in the construction of Boyd Hillside Park. The Council discussed with Mr. Shapiro the problems that have been created from the change in the ter- rain and the steps that can be taken to correct the situation. Director of Parks and Recreation, Andrew J. Snyder, Jr., discussed the efforts being made by the Park Department to alleviate some of Mr. Amos' concern. The City staff was directed to consider what alternatives there are to make the new park a little more acceptable to Mr. Amos and what the cost would be. The matter was continued for two weeks. RE: RIVIERA APARTMENTS, A CONDOMINIUM PROJECT - File 5-1-102 RESOLUTION NO. 4116 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED '' RIVIERA APARTMENTS, A CONDOMINIUM PROJECT''. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EMERGENCY EMPLOYMENT ACT OF 1971 - File 7-4 An agreement between the County of Marin and the City of San Rafael for services under Public Law 92-54 was explained by City Manager, James McCown. After discussion by the Council, it was moved by Councilman Miskimen to approve the agreement. There was no second to the motion. After further discussion it was agreed by the Council to get more information and carry the matter over for two weeks. RE: REZONING COUNTY ASSESSOR'S PARCEL 155-190-04 AND 05 - CHARLES BELL - FROM P -C (PLANNED COMMUNITY) DISTRICT TO R -3 -B -D(30) (MULTIPLE RESIDENTIAL DISTRICT - CHARTER ORDINANCE NO. 1033 - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 1033 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14. 15.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from a P -C (Planned Community) District to R -3 -B -D(30) (Multiple Residen- tial, minimum site area 3,000 square feet per unit) District, and numbering Charter Ordinance No. 1033 was passed and adopted as an ordinance of the City of San Rafael by the following vote, towit: Ayes: Councilmen: Barbier, Jensen, M1ski men , Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AMENDMENT OF ZONING ORDINANCE SECTION 14.75.050(e) CONTROLLING POOL DECKS IN REQUIRED SIDE AND REAR YARDS - Final Adopttion - File 10-3 CHARTER ORDINANCE 110. 1034 - An ordinance amending Section 14.75.050(e) of Title 14 (Zoning) of the San Rafael Municipal Code by adding regulations controlling pool decks within reguired side and rear yards, and numbering Charter Ordinance No. 1034 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL YACHT CLUB LEASE - File 2-8-11 The matter of renewal of the lease of City property to the San Rafael Yacht Club was discussed with the City Attorney. The Council requested that an appraisal of the property be made to determine the fair price for rental or sale of the property. RE: CONTRACT FOR AUDIT EXAMINATION OF THE BOOKS AND RECORDS IN CONNECTION WITH SANITARY SEWER PROJECT UNDER HUD GRANT - File -10-52 RESOLUTION NO. 4118 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: DEED 10 FOOT DRAINAGE EASEMENT - HOMER C. RICKARDS - File 2-4 RESOLUTION NO. 4115 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT. (10' Drainage Easement Smith Bros. Sub) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PURCHASE OF TAX DEEDED PROPERTY - File 2-15 RESOLUTION NO. 4117 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (For the purchase of tax deeded property by the City of San Rafael from the County of Marin pursuant to the provisions of Division 1, Part 6, Chapter 8 of the Revenue & Taxation Code). Ayes: Councilmen: Barbier, Jensen, Miski Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GRANT OF 10 FOOT DRAINAGE EASEMENT AND PAVED DRAINAGE DITCH - File 2-4 RESOLUTION NO. 4114 - RESOLUTION ACCEPTING GRANT OF SEWEP EASEMENT. (1-' Drainage Easement 13-031-31) NoCouncilmen: NoneBarbi er, Jensen, Miskimen, Mulryan and Mayor Bettini Absent: Councilmen: None "2 U t RE: ENCROACHMENT PERMIT - HOLIDAY MAGIC INC. - File 2-11 Holiday Magic, Inc. requests Council permission to encroach 5 feet into right-of-way with an awning at 616 Canal Street. This was approved by the Planning Commission on September 28, 1971, subject to ap- plicant obtaining an encroachment permit. Motion was made by Councilman Miskimen, seconded by Councilman Jensen, Encroachment Permit No. 230 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SANITARY SEWER PUMP STATION - FRANCISCO BOULEVARD - File 4-12-5 x 2-1-15 Motion was made by Councilman Barbier, seconded by Councilman Jensen, acceptance from State Division of Highways payment of $62,000 for buildings nd equipment on Parcel 32878-A. Money to be paid to San Rafael Sanitation District as per Agreement cf Ictober 15, 1969. RE: COUNCIL ACTION NOT TO ANNEX ASSESSOR'S PARCEL NO. 179-261-71 TO CITY OF SAN RAFAEL - File 5-2 Mr. Maurice Worley has received tentative approval to annex to the San Rafael Sanitation District As- sessor's Parcel No. 179-261-71. Although, a portion of the parcel is contiguous to the San Rafael City limits, it cannot be served through City jurisdiction. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, that the subject parcel not to be annexed to the City of San Rafael. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC IMPROVEMENT PLAN OF CENTRAL BUSINESS DISTRICT - File 4-3-23 x 12-4 x 11-4 x 11-8 City Engineer, Ely Caillouette, Jr. recommended to the Council that the one-way street plan proposed for "A", "B", "C", and "D" Streets be delayed until after the first of the year because of the sanitary sewer construction project and the amount of work necessary to complete the changes prior to the start of the Christmas season. The Council agreed that the project should be delayed and the matter was continued to January 17, 1972. RE: MARIN COUNTY COURT HOUSE PROPERTY - File 124 Mayor Bettini reported on the discussion he had with the Board of Supervisors concerning the Court House property. The Council discussed the suggestions and agreed to sharing the cost with the County of Marin in an appraisal of the property. Councilman Barbier, and Mayor Bettini will serve with two members of the Board of Supervisors for future discussions in this matter and the City Manager was authorized to approach the County on the staff level to work out the details. RE: ENCROACHMENT INTO EXISTING DRAINAGE EASEMENT AT 40 CANYON OAK DRIVE - File 2-11 At the request of the Public Works Department this item was carried over to the meeting of November lst, 1971. RE: "K" STREET CULVERT ADDITION - File 4-1-187 RESOLUTION NO. 4112 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 9633-71.153 "K" STREET CULVERT ADDITION. (Bid open- ing 8:00 o'clock P.M. on Monday, the 1st day of November, 1971) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EAST SAN RAFAEL DRAINAGE EASEMENT REPAIR - File 4-1-188 RESOLUTION NO. 4113 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 9632-71.154 EAST SAN RAFAEL DRAINAGE EASEMENT REPAIRS ASSESSOR'S PARCEL NO. 14-182-06. (Bid opening 8:00 o'clock P.M. on Monday, the 1st day of November, 1971) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENVIRONMENTAL AND DESIGN REVIEW - File 10-2 This matter was continued. RE: EMPLOYEE RULES AND REGULATIONS - File 7-2 An ordinance of the City of San Rafael, amending Section 2.20.110 of Title 2 of the Municiple Code of the City of San Rafael to delete therefrom provisions relating to conduct occurring more than three months prior to filing of charges, and numbering Charter Ordinance No. 1038 was read, introduced and ordered passed to print by the following vote, to -wit: 204 RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Mulryna, reclassification of Dan L. Nuebel from Jr. Civil Engineer to Assistant Civil Engineer, Range 17, Step D, $1,046 per month, effective November 1, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman MuIryan, appointment of Ralph W. Dan nenberg, Assistant Recreation Supervisor, Range 13a, Step A, $776 per month effective October 26, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - HIRING OF ASSISTANT CITY MANAGER File 7-5 City Manager, James McCown reported that he had gone to Los Angeles to interview twelve people from the area who had applied for the position of Assistant City Manager, He will narrow the selection down to five candidates and present them to the City Council for interview. RE: ZONING VIOLATIONS - SMITH RANCH ROAD AT LUCAS VALLEY TURN-OFF - File 10-1 The Council adjourned to an executive session with City Attorney, Fred Robbins, Jr. to discuss possible legal action against Mr. Saxton whose trucks are parked at Smith Ranch Road at the Lucas Valley turn-off in violation of City zoning laws. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated October 18th, 1971, and Advice on Paryoll dated October 20th, 1971, and now on file in Finance office to which reference is hereby made for further particylars: 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 $ 43,644.40 1,497.43 432.76 35,635.57 192.44 2,130.19 716.86 5,941.16 $ 90,190.81 $ 110,796.07 4,979.00 5,152.11 $ 120,927.18 MARION A. GRADY, City Clerk Approved this /51 day of /C/o"" -"I" 19 71 a, �'( �iZ74_ MAYOR �OF�'THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, November 1st, 1971 at 8:00 o'clock P.M. Regular Meeting: Acting Mayor Jensen called the meeting to order. RE: APPROVAL OF MINUTES Present: Fred E. Jensen, Vice President Harry A. Barbier, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: C. Paul Bettini, Mayor �U On motion made by Councilman Barbier, seconded by Councilman Miskimen, and carried, the minutes of the regular meeting of October 18th, 1971, a true and correct copy thereof having been heretofore submitted to each member, were approved. RE: EAST SAN RAFAEL DRAINAGE EASEMENT REPAIR - PROJECT 9632-71.154- File 4-1-188 The following bids were received, opened and read: Valentine Corporation $ 5,262.00 Michael King $ 6,090.00 Halbach & Flynn, Inc. $ 6,500.00 Maggiora & Ghilotti, Inc. $ 6,600.00 RESOLUTION NO. 4120 - RESOLUTION OF AWARD OF CONTRACT. (Valentine Corporation) Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: "K" STREET CULVERT ADDITION - PROJECT 9633-71.153 - File 4-1-187 The following bids were received, opened and read: Maggiora & Ghilotti, Inc. $ 9,400.00 Valentine Corporation $ 9,419.00 Ghilotti Bros., Inc. $ 11,780.00 Fel-Cal Construction Company $ 18,888.00 RESOLUTION NO. 4121 - RESOLUTION OF AWARD OF CONTRACT. (Maggiora & Ghilotti) Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: PUBLIC HEARING - REZONING - AP155-110-17 & 18 - (SOUTH OF SMITH RANCH ROAD) FROM M -H TO PUD -MHP DIS- TRICT - File 10-3 Acting Mayor Jensen declared the hearing open. Planning Director, Herbert G. Hotchner briefed the Council on the action of the Planning Commission in the hearings regarding map change Z71 -13(b). The Planning Commission recommended unanimously to the City Council to rezone the property subject to an extensive list of conditions. A full te$t of both sessions of the Planning Commission at which this matter was discussed in detail and a full list of the conditions were presented to the Council. One aspect of particular importance in the discussions relating to this matter had to do with the access to this location and through this location. Mr. Hotchner also discussed the impact of the 400 units on the schools in the area, pointing out that the density of school age children would be less than in a conventional single family residential development. The Council dis- cussed with the Planning Director the condition requiring a floating right-of-way for the extension of Smith Ranch Road, the acreage of the PUD (60 acres - 400 units), the number of persons per trailer in the family portion and the design concept of the mobile home park. Mr. John F. Taylor, attorney of the firm of Dinkelspiel & Dinkelspiel who represent the holders of the Deed of Trust on the adjacent property on which the airport is located indicated that the holders of the Deed of Trust object to the development solely on the wuestion of access. He stated, that although, the City Attorney's opinion is that this is a civil matter between adjoining property owners as to whether or not there exists legal rights of access across the Smith property to the airport property, he wanted to make the City Council aware of the possible invasion of the legal righrs of the adjoining landowners in the proposed development. Mr. Carlos Gonzalez representing the park developers stated that they have met or exceeded all the re- quirements of the mobile home park ordinance. Mr. William Corrigan of the firm of Bagshaw, Martinelli, Corrigan and Jordan representing Ed and Jordan Smith, owners of the pr-perty, stated that they were agreeable to continue to permit access through the mobile home park to the airport as long as property was used as an airport and providing they honored certain criteria within the park for speed and noise. Mr. Sanford Weiss, Sole Shareholder of DSI, the record owner of the property which the airport is current- ly using, spoke in support of the proposed development of the Smith property. Motion was made by Councilman Mulryan, seconded by Councilman Barbier, to rezone the property subject to the conditions of the Planning Commission. '2U6 An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Sec- tion 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real prop- erty from M -H (Heavy Commercial & Manufacturing with parking requirements) District to PUD -MHP (Planned Unit Development - Mobile Home Park) District, and numbering Charter Ordinance No. 1041 was read, in- troduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: UNDERGROUND UTILITY'DISTRICT NO. 4 -SOUTH SAN PEDRO ROAD WIDENING PHASE IV - File 12-18-9 x 4-13-14 RESOLUTION NO. 4119 - RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 4 - SOUTH SAN PEDRO ROAD WIDENING - PHASE IV. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini Mr. F. J. Bias, 67 Knight Drive asked the Council to hold another public hearing on the formation of the underground utility district, as the meeting had not been held in the Supervisors Chambers as called for in the notice of public hearing. RE: RETIREMENT OF ANGIE J. SOLDAVINI, TREASURER, TAX AND LICENSE COLLECTOR - File 7-5 Angie J. Soldavini, Treasurer, Tax and License Collector submitted a letter stating that she will re- tire on January 31st, 1972. Motion was made by Councilman Mulryan, seconded by Councilman Barbier, to accept the letter of resigna- tion and adopt a resolution to express appreciation for the forty-four years of service by Miss Solda- vini to the City of San Rafael. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: REGULATING THE OPERATING OF PRIVATE POLICE PATROL BUSINESS - File 9-10 An ordinance of the City of San Rafael amending Title 10 of the Municipal Code of the City of San Rafael by adding thereto Chapter 10.80 regulating the operating of private police patrol businesses within the City of San Rafael, and numbering Charter Ordinance No. 1039 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: ORDINANCE REQUIRING BACKFLOW PREVENTOR - File 1-6-3 A proposed ordinance to amend Section 409 of the Uniform Plumbing Code to require the instatllation of backflow preventive devices in certain instances was discussed with the Chief Building Inspector and the Director of Public Works. Motion was made by Councilman Mulryan, seconded by Councilman Barbier, that the Public Works Department and the Building Department work out the details of the ordinance. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini The matter was continued for two weeks. RE: FREITAS PARK ROAD IMPROVEMENT PROJECT NO. 9111-71.144 - File 4-1-184 RESOLUTION NO. 4122 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. (to November 15th, 1971) Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: RENAISSANCE FAIRE DEVELOPMENT - File 10-2 Councilman Mulryan stated that he had this matter put on the agenda to determine whether or not the Council should take a position on the proposed rezoning of property in the County of Marin in the interest of San Rafael residents who may be seriously affected by the traffic congestion generated by the develop- ment of the property for the Renaissance Center. Planning Director, Herbert G. Hotchner briefed the Council on a County Planning Commission meeting at which an appeal from the granting of a use permit by the Deputy Zoning Administrator was considered. The tone of the public hearing indicated that the various protesting groups have no objection to the use of the property as proposed, but feel that the resultant vehicular traffic problem would totally bottle up all of the fire, police and emergency vehicles as well as all residents of the area. The Marin County Planning Commission reversed the action of the Deputy Zoning Administrator and moved to deny the use permit. ?07 Councilman Mulryan felt that the City should take a position with respect to the traffic problem Judge Hadden Roth addressed the Council stating that his clients intend to appeal the denial of the use permit and asked that the Council defer any decision until after the appeal is heard. The City Planner pointed out that the developers of Lucas Green who are now applying to the City of San Rafael for prezoning and to the Local Agency Formation Commission for annexation to the City of San Rafael would be seriously affected. As there will not be time for Judge Roth to make a presentation to the Planning Commission, in order for them to recommend to the Council, the presentation will be made to the City Council on November 15th, 1971, and the matter was carried over until that time. RE: ENCROACHMENT INTO EXISTING DRAINAGE EASEMENT - #40 CANYON OAK DRIVE - File 2-11 Director of Public Works, Norris Rawles and City Engineer, Ely Caillouette, Jr. reported to the Council on the encroachment into an existing drainage easement at 40 Canyon Oak Drive by construction of a swim- ing pool that has footings built directly over the pipe. The Department of Public Works recommends that this situation be corrected by a rerouting of the pipe or removing the pool which is built over the pipe. The Council discussed the matter with Mr. Irving Shapiro, the owner of the property. Mr. Shapiro will have his attorney prepare a hold harmless agreement and/or covenant running with the land for approval of the City Council. The matter was continued to December 6th, 1971, RE: BOYD HILLSIDE PARK - File 4-1-177 x 9-3-66 Director of Parks and Recreation, Andrew J. Snyder, Jr. reported that he and the City Engineer had con- sidered alternatives to the park developed by the City adjacent to Mr. Amos' home. Mr. Snyder stated that the purpose of the park is to provide a playground area for children in the neighborhood and the parents in the area are very pleased with the development. After discussion with Mr. Shapiro, attorney for Mr. Amos, it was moved by Councilman Barbier, seconded by Councilman Miskimen, that the park remain and that the details of planting effective screening be worked out with Mr. Amos and Mr. Snyder. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: EMERGENCY EMPLOYMENT ACT OF 1971 - File 7-4 x 4-13-27 City Manager, James McCown requested the Council to participate in the Federal Government Emergency Em- ployment program by hiring unemployed persons who would be paid ninety percent of their salaries by the Federal Government and the balance paid by the City. Mrs. Susan Howard of the League of Women Voters of Central Marin addressed the Council asking them to ap- prove at least four jobs under this program to ease unemployment in San Rafael. Motion was made by Councilman Mulryan, seconded by Councilman Barbier, to hire an Automotive Serviceman, a Planning Technician, a Recreation Program Aide, and a Clerk and authorize the Mayor and City Clerk to execute an agreement with the County of Marin as Program Agent under Public Law 92-54. RESOLUTION NO. 4123 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Emergency Employment Act of 1971 - Public Law 92-54) Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: FRANCISCO BOULEVARD PROPERTY - File 2-1-5 City Attorney, Fred Robbins, Jr. reported to the Council that Mr. Hercules Viglienzone would like to lease from the City of San Rafael a strip of land to the east of his property in exchange for a strip of land to the west of his property. Mr. William McDevitt spoke in opposition to this arrangement and the matter was referred to the Planning Commission for a report, and carried over to the meeting of November of November 15th, 1971 . RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbi er, seconded by Councilmman Miskimen, to appoint Theodore C. Lindquist, Jr., as Auxiliary Police Officer. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini Motion was made by Councilman Barbier, seconded by Councilman Mulryan, to place Evelyn E. Wright on the monthly payroll as Radio -Telephone Operator, (Dispatcher), Range 10, Step A, $663 effective November 1, 1971. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini d RE: LIBRARY BOARD OF TRUSTEES - File 9-2-3 Motion was made by Councilman Miskimen, seconded by Councilman Barbier, to accept the resignation of Hanlon P. Tharp from the Library Board of Trustees and send him a letter thanking him for his service. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: COMPENSATION FOR AUXILIARY POLICE FORCE - File 7-4 An ordinance of the City of San Rafael amending Title 2, Section 2.12.120, Auxiliary Police Force of the Municipal Code of the City of San Rafael, and numbering Charter Ordinance No. 1040 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: CLAIM FOR PROPERTY DAMAGE - MRS. DONALD KAMLER, 15 ARGUELLO CIRCLE - File 3-1 City Attorney reported that the insurance adjuster for our insurance carrier has recommended that the claim of Mrs. Kamler be paid. Motion was made by Councilman Mulryan, seconded by Councilman Barbier, the claim in the sum of $275.00 be paid. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: TREASURER'S CASH FUND - File 8-14 Motion was made by Councilman Barbier, seconded by Councilman Miskimen, the $500.00 cash fund maintained by the City Treasurer be increased to $650.00. The additional $150.00 to be used by the San Rafael Police Department for expenses incurred in confidential investigations. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: CONSERVATION - File 13-14 City Manager, James McCown reported that Councilman Barbier's suggestion to use both sides of the paper when mimeographing material such as minutes and agendas has been tried successfully and will be recommended to the departments to follow hwerever possible. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated November 1st, 1971, and Advice on Payroll dated November 5th, 1971, 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 CATITAL IMPROVEMENT STORES REVOLVING EQUIPMENT REPLACEMENT Pay rol 1 : GENERAL FUND PARKS FUND LIBRARY FUND Council adjourned to Monday, November 15th, 1971. $ 14,242.31 2,850.05 1,483.11 7,231.83 949.22 2,992.77 $ 30,402.89 $ 116,377.07 5,266.50 5,001.92 $ 12 5. 4 9 /- 14 , & MARfON A. GRADY, City Clerk Approved th is /67t ay of ivo J , 19 7j 4 MAYOR' OF THE CITY 0 SAN RAIFAEL In the Council Chambers of the City of San Rafael, Monday, November 15th, 1971 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 Lawrence E. Mulryan, Councilman Absent: John A. Miskimen, Councilman Motion was made by Councilman Jensen, seconded by Councilman Mulryan, and carried, the minutes of the regular meeting of November lst, 1971, a true and correct copy thereof having been heretofore submitted to each member, were approved. RE: AMENDMENT OF ZONING ORDINANCE TO RECLASSIFY PORTION AP 175-010-87 LOCATED AT END OF MANUEL T. FREITAS PARKWAY FROM "U" UNCLASSIFIED DISTRICT TO PUD -R1 PLANNED UNIT DEVELOPMENT - SINGLE FAMIL RESIDEN- TIAL DISTRICT - CHARTER ORDINANCE NO. 1036 - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 1036 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from "U" (Unclassified) District to PUD -R1 (Planned Unit Development - Single Family Residential) District, and numbering Charter Ordinance No. 1036 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: AMENDMENT TO ZONING ORDINANCE TO RECLASSIFY COUNTY ASSESSOR'S PARCEL 175-o6o-26 AND PORTIONS OF 35 AND 03 (KAISER FOUNDATION HOSPITAL) A PORTION OF THE HILL BEHIND THE HOSPITAL, AND A PORTION OF ALDERSGATE METHODIST CHURCH PROOERTY FROM P -C PLANNED COMMUNITY DISTRICT TO P -C PLANNED C©MMUNITY DISTRICT TO PERMIT EXPANSION OF THE KAISER FACILITY TO FULL HOSPITAL CATEGORY - CHARTER ORDINANCE NO. 1037 - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 1037 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from a P -C (Planned Community) District to P -C (Planned Community) Dis- trict to permit amendment of existing master plan, and numbering Charter Ordinance No. 1037 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: EMPLOYEE RULES AND REGULATIONS - CHARTER ORDINANCE NO. 1038 - FINAL ADOPTION - File 7-2 CHARTER ORDINANCE NO. 1038 - An ordinance of the City of San Rafael amending Section 2.20.110 of Title 2 of the Municipal Code of the City of San Rafael to delete therefrom provisions relating to conduct oc- curring more than three months prior to filing of charges, and numbering Charter Ordinance No. 1038 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: FRANCISCO BOULEVARD PROPERTY - File 2-1-5 The request of Mr. Hercules Viglienzone to lease from the City of San Rafael a strip of land to the east of his property in exchange for a strip of land to the west of his property was continued to December 6th at the request of Planning Director, Herbert G. Hotchner. The Planning Commission feels that the right of way access should remain where it is at present, but there can be some adjustment to accomplish what Mr. Viglienzone would like and the matter has been carried over for two weeks at the Planning Com- mission level. RE: ORDINANCE REQUIRING BACKFLOW PREVENTOR - File 1-6-3 An ordinance amending Title 12 of the San Rafael Municipal Code by amending Section 409 of the Uniform Plumbing Code requiring the installation of backflow preventive devices in certain instances, and number- ing Charter Ordinance No. 1042 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen The Council discussed the method of advising property owners in areas where backflow from the building sewer is a problem that a backflow preventive device is available and placing them on notice that should a backflow occur, the City would deny any claim. It was agreed that the-Pub1i,6 Works Department would make up a form letter to be sent to property owners. RE: SIDEWALKS, CURBS AND GUTTERS - File 11-7 City Engineer, Ely Caillouette, Jr. reported on the conversion of curbs and gutters to ramps at inter- sections on Fourth Street from "E" Street to Lincoln Avenue. The recommendation was for a concrete ramp out four feet into the street with a drain pipe under the ramp. The cost would be approximately $15,000. The matter was carried over to be considered in the 1972-73 fiscal year budget. RE: ENCROACHMENT PERMIT - EDEN PHOTO STUDIO & GALLERY - 1560 FOURTH STREET - File 2-11 Eden Photo Studio & Gallery requested permission to encroach 3' 6'' over the existing sidewalk, (8'3" above sidewalk) with a canvas and frame awning at 1560 Fourth Street. This is approved by the Planning Commission subject to the applicant obtaining an encroachment permit. The Public Works Department re- commends approval. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Encroachment Permit No. 231 be granted. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: STOP SIGNS - TAMARACK DRIVE AND MONTECILLO ROAD AND TRELLIS DRIVE AND MONTECILLO ROAD - File 11-9 Public Works Director Norris Rawles reported that the Traffic Committee after studying the request for stop signs at Tamarack Drive and Montecillo Road and at Trellis Drive and Montecillo Road recommends that these intersections be made four way stops. RESOLUTION NO. 4124 - A RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. (On Tamarack Drive At Montecillo Road (Both Directions) - On Trellis Drive At Montecillo Road (Both Directions) Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PARKING ON VINEYARD DRIVE - File 11-8 The Traffic Committee has considered a request that parking be eliminated on Vineyard Drive and recom- mends to the Council that no action be taken as Vineyard Drive is one of many narrow streets where park- ing should be eliminated and the Traffic Committee is studying these streets. RE: INTER -COMMUNITY ROAD DEVELOPMENT (RESOLUTION OF BOARD OF DIRECTORS SAN RAFAEL CHAMBER OF COMMERCE - File 11-1 x 119 x 115 A resolution of the Board of Directors of the San Rafael Chamber of Commerce regarding Inter -Community Road Development, a plan for a network of road which would provide alternate north -south movement to highway 101, and connector streets was presented for Council endorsement. The Council referred the matter to the Planning Department and Public Works Department staff for study and recommendation and the matter was carried over to the meeting of December 6th. RE: ASSISTANT CITY MANAGER - File 7-5 City Manager, James McCown reported that applicants for the position of Assistant City Manager had been narrowed down to seven and Saturday, November 20th between 9:00 a.m. and noon the applicants would be in his office for interview with members of the City Council. RE: COURT HOUSE PARKING - File 124 City Manager, James McCown reported that the landscaping work on the Court House grounds will be com- pleted this week. Mr. McCown will appear before the Board of Supervisors to ask the County to share in the cost of developing parking on the property. If the County will not share the expense, the City would like permission to pave the property with the understanding that should the property be sold, the County would reimburse the City for its cost. Also, the County is to be informed that they are res- ponsible for improving the appearance of the square as well as correcting the problem of mud flowing onto the sidewalk when the rains start. RE: PRELIMINARY MARIN COUNTYWIDE PLAN - File 10-2 Mr. Harvey Bragdon, Chief of Current Planning for the County of Marin explained the proposed Preliminary Marin Countywide Plan. The City -County Planning Council of Marin will hold a public hearing on the plan on December 2nd. Mrs. Marjorie Macris compared the San Rafael General Plan with the Marin Countywide Plan and pointed out several differences but stated there are more areas of concurrence than of con- flict. After a lengthy discussion, it was agreed that there are wide areas of differences in the plan for San Rafael from the San Rafael General Plan and the Preliminary Marin Countywide Plan is too broad and there should be clarification and refinement. RE: WEED ABATEMENT - STANLEY KURLAND - BROOKDALE AVENUE - File 13-10.1 A letter from Stanley C. Kurland protesting charges for removal of weeds from the sidewalk area and the vacant lot on Brookdale Avenue was discussed with the Director of Public Works. After discussion, it was moved by Councilman Barbier, seconded by Councilman Jensen, that the charges are just and should be paid. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: METHOD FOR APPOINTMENT OF PERSONS TO VACANCIES ON COMMISSIONS - File 9-2 City Manager, James McCown read a proposal for method to be used in appointing persons to vacancies on boards and commissions. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to approve the procedure. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to place Mark L. Alimisis on the monthly payroll as Tree Climber, at $693.00 per month, Range 11, Step A, effective November 2, 1971 to fill existing vacancy. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: SANITARY SEWER RECONSTRUCTION PROJECT, WS -CALIF -358, PHASE 1 - File 4-1-186 Director of Public Works, Norris Rawles reported that the contract for the sanitary sewer construction i project requires that work be stopped after November 15th. In view of the progress being made, he re- commends that the contractor permitted to pass this date and complete the entire project within the next few days. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the contractor be authorized to continue work to November 24th. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: SALARIES AND WAGES - File 7-3 City Attorney, Fred C. Robbins, Jr. reported that the Office of the Emergency Preparadness had informed him that 4% salary increases approved for city employees by the Council could be retroactive to July 1st. RE: SAN RAFAEL LIBRARY - File 12-8 Motion was made by Councilman Mulryan, seconded by Councilman Barbier, to accept the selection of the Library Board of the San Rafael Architects Andrew James Ring III, and Tak Enomoto to prepare preliminary plans for expansion of the San Rafael Library. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen The Council agreed to call for bids for carpeting in the San Rafael Library. RE: FIRE STATION - File 12-3 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to authorize the expenditure of $3,400.00 for the repair of the roof of the main fire station. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: COMPLAINTS - File 100 A letter from Mr. W. B. Slaten, 10 Belle Avenue complaining of various activities of school children in the area was -called to the attention of the Council. The City Manager was instructed to contact the departments involved to see if the complaints are justified and to communicate with Mr. Slaten to in- form him of the action that has been taken. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated November 15th, 1971, and Advice on Payroll dated November 19th, 1971, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT PARKING DISTRICT FUND CAPITAL IMPROVEMENT STORES REVOLVING FUND EQUIPMENT REPLACEMENT $ 32,823.11 1,127.58 3,490.87 35,821.el 369.77 14,370.35 2,919.91 6,167.62 $ 97,090.52 Payroll: GENERAL FUND $ 151,600.05 PARKS FUND 6,765.50 LIBRARY FUND 6,670.90 $ 165,036.45 The City Council adjourned to executive session to discuss pending litigation against the City in con- nection with a drainage culvert that has flooded three times over a period of the last two years. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to appropriate $7,500.00 to make the necessary repairs to the culvert. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen Council adjourned. MARION A. GRADY - City Clergy Approved this day ofc, 197/ &If 2 MAYOR OF THE CITY F SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, December 6th, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Absent: Harry A. Barbier, Councilman John A. Miskimen, Councilman 1 3 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, and carried, the minutes of the regular meeting of November 15th, 1971, a true and correct copy thereof having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - AMENDMENT TO ZONING ORDINANCE TO RECLASSIFY COUNTY ASSESSOR'S PARCEL 11-162-14, 22 BRYN MAWR DRIVE FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO R-2 DUPLEX RESIDENTIAL DISTRICT - File 10 - Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner informed the Council that the applicants Gregory and Margaret Haran, Jr. had requeested that their property be rezoned from R-1 to R-3 District. At the Planning Com- mission public hearing on November 9th, 1971, the commission recommended that the property be zone R-2 (duplex) and the applicant was agreeable to this zoning. Councilman Mulryan asked if the ajacent property owners were agreeable to this zoning, and the Planning Director stated that there had been no protest. No one else wishing to discuss the matter, the Mayor declared the hearing closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Sec- tion 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from R-1 (Single Family Residential) District to R-2 (Duplex Residential) District, and numbering Charter Ordinance No. 1043 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DENIAL (V71-28) - FRANCES E. CONEY AND MARIE E. PERRY - 7 TWEED TERRACE - File 10 - Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner advised the Council that they had before them report of the Plann- ing Commission's action in denying the variance for constructing a swimming pool and elevated deck at 7 Tweed Terrace, together with drawing showing the height of the pool to be approximately 19 feet from the deck to the ground level. Mr. Donald B. Edmondo, 10 Tweed Terrace addressed the Council requesting their denial of the appeal. His objection is to the 19 foot wall facing the front of his home and he feels that it would be detrimental to his property and to the neighbors' property. Mayor Bettini reported that a letter had been received from the appellants indicating that they would not appear at the public Dearing. The public hearing was closed. Motion was made by Councilman Mulryan, seconded by Councilman Jensen, the appeal of the Planning Commis- sion's denial of a variance be denied. Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S APPROVAL (AA71-97) REMODELING NWPRR DEPOT INTO RESTAURANT AT 930 TAMALPAIS AVENUE - File 10-7 Mayor Bettini declared the hearing open. Mr. Ed Ghirardo the applicant for the restaurant at 930 Tamalpais Avenue has written to requeet that the matter be continued. The public hearing was continued to January 3rd, 1972. RE: PUBLIC HEARING - AMENDMENT TO ZONING ORDINANCE TO PREZONE PROPERTY LOCATED SOUTH OF LUCAS VALLEY ROAD ABUTTING LOS GAMOS DRIVE ON THE WEST AND HIGHWAY 101 ON THE EAST - COUNTY ASSESSOR'S PARCEL 165-010-51 AND 53 TO PUD -AP PLANNED UNIT DEVELOPMENT - ADMINISTRATIVE PROFESSIONAL DISTRICT - FIREMAN'S FUND INSURANCE COMPANY, OWNER - File 10-3 AND PUBLIC HEARING - AMENDMENT TO ZONING ORDINANCE TO RECLASSIFY PROPERTY LOCATED ON THE SOUTH SIDE OF LUCAS VALLEY ROAD ABUTTING SAN RAFAEL PARK SUBDIVISION ON THE WEST AND HIGHWAY 101 ON THE EAST - COUNTY ASSESSOR'S PARCEL 165-010-16, 50, 52 AND PORTIONS OF 51 AND 53 TO AP ADMINISTRATIVE PRO- FESSIONAL DISTRICT - FIREMAN'S FUND INSURANCE COMPANY, OWNER - File 10-3 Mayor Bettini declared the public hearing open on the two requests by Fireman's Fund Insurance Company for 214 prezoning the area in the vicinity of Lucas Valley Road, Los Gamos Road, Highway 101 and San Rafael Park. Planning Director, Herbert G. Hotchner advised the Council that they had a map before them indicating the two areas to be prezoned and explained that the action for "prezoning" is the same as a zoning action ex- cept that it has no legal effect until the area is annexed to the City of San Rafael. The Planning Com- mission is requesting that in addition to annexation, covenants be entered into to provide an open area of one acre at the end of Salvadore Way which would permit the future extension of Salvadore Way if re- quired but would preclude any other development of the land. A second covenant would require the owners of the various portions of the land to pay for their proportional share of the signalization at the in- tersection of Los Gamos Road and Lucas Valley Road, should the City require this signalization at a future date. Senior Planner, Charles Linthicum answered Councilman Mulryan's question stating that the applicants had proposed the open area and it was acceptable to the San Rafael Park Homeowners Associa- tion. Mr. Albert Bianchi, representing Fireman's Fund Insurance Company discussed the proposed development and the agreement of the developer to provide the buffer area at the end of Salvadore Way. In connection with the signalization, Mr. Bianchi stated that his clients have no objection to participating on a pro - rata basis as to its fair share of signalization if and when the City deems the signalization necessary. Mr. Louis A. Olivas of 59 Salvador Way stated that the residents on this street would prefer that the street not be extended. The Senior Planner advised the Council that the Commission decided that this was a matter to be determined at a future date and that the covenant was so written to permit the street to be extended if it were determined by the City that it was necessary or desirable. Mayor Bettini declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, and carried, to prezone property located south of Lucas Valley Road abutting Los Gamos Drive on the west and Highway 101 on the east - County Assessor's Parcel 165-010-51 and 53 from C -P and R -P (Planned Commercial) and Planned Residential) Districts to PUD -AP (Planned Unit Development - Administrative Professional) District subject to the fol- lowing conditions: (a) Prior to the issuance of any permits, related to site develop- ment, engineered working and construction drawings of all as- pects of development shall be submitted to and approved by the San Rafael Planning Commission. (b) That owner/applicant shall execute covenant running with the land in form satisfactory to the City Attorney insuring that he will pay a fair prorata share of placing traffic signals at Lucas Val- ley Road and Los Gamos Road if and when City deems the same neces- sary, amount of such contribution to be by agreement between the owner and staff or, failing such agreement,the amount to be es- tablished by City Council. (c) This zoning shall become effective in accordance with Section 65859 of the Government Code of the State of California. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from C -P & R -P (Planned Commercial and Planned Residential, Respectively) Districts to PUD -AP (Planned Unit Development - Administrative Professional) District, and numbering Charter Ordinance No. 1044 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen Motion was made by Councilman Jensen, seconded by Councilman Mulryan and carried to prezone property located on the south side of Lucas Valley Road abutting San Rafael Park Subdivision on the west and Highway 101 on the east - County Assessor's Parcel 165-010-16, 50, 52 and portions of 51 and 53 from C -P and R -P (Planned Commercial and Planned Residential) Districts to AP (Administrative Professional) District subject to the following conditions:. (a) Prior to any development of that area along the westerly side of Los Gamos Road or in connection with any division of that property, the extension of Salvadore Way shall be considered along with necessary drainage easements from its present ter- minus to a connection with Los Gamos Road. (b) That owner/applicant shall execute covenant running with the land in form satisfactory to the City Attorney insuring that he will pay a fair prorata share of placing traffic signals at Lucas Valley Road and Los Gamos Road if and when City deems the same necessary, amount of such contribution to be by agree- ment between the owner and staff or, failing such agreement, the amount to be established by City Council. (c) A covenant, in a form approved by the City Attorney, running with that portion of the subject property lying westerly of Los Gamos Road, shall be recorded restricting the open space area, as described at the Planning Commission hearing, to non - development open area except for future City streets and/or landscaping that may be required. Said landscaping that may be required. Said landscaping may be required by the City in conjunction with the development of that portion of the sub- ject property contiguous to the open space area. The noted covenant shall be enforceable both by the City of San Rafael 21b and the five (5) immediate neighboring Property owners in San Rafael Park Unit Four. The zoning shall not be effective until this re- quired covenant is executed and recorded. (d) This zoning shall become effective in accordance with Section 65859 of the Government Code of the State of California. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Sec- tion 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real prop- erty from C -P & R -P (Planned Commercial) and Planned Residential, Respectively) Districts to A -P )Ad- ministrative Professional) District, and numbering Charter Ordinance No. 1045 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RE: REGULATING THE OPERATING OF PRIVATE POLICE PATROL BUSINESS - CHARTER ORDINANCE NO. 1039 - Final Adoption - File 9-10 CHARTER ORDINANCE NO. 1039 - An ordinance of the City of San Rafael amending Title 10 of the Municipal Code of the City of San Rafael by adding thereto chapter 10.80 regulating the operating of private police patrol businesses within the City of San Rafael, and numbering Charter Ordinance No. 1039 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RE: COMPENSATION FOR AUXILIARY POLICE FORCE - CHARTER ORDINANCE NO. 1040 - Final Adoption - File 7-4 CHARTER ORDINANCE NO. 1040 - An ordinance of the City of San Rafael amending Title 2, Section 2.12.120, Auxiliary Police force of the Municipal Code of the City of San Rafael, and numbering Charter Ordinance No. 1040 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RE: REZONING - AP155-110-17 - (SOUTH OF SMITH RANCH ROAD) FROM M -H TO PUD -MHP DISTRICT - CHARTER ORDI- NANCE NO. 1041 - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 1041 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from M -H (Heavy Commercial & Manufacturing with Parking Requirements) Dis- trict to PUD -MHP (Planned Unit Development - Mobile Home Park) District, and numbering Charter Ordinance No. 1041 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RE: ORDINANCE REQUIRING BACKFLOW PREVENTS(— CHARTER ORDINANCE NO. 1042 - Final Adoption - File 1-6-3 CHARTER ORDINANCE NO. 1042 - An ordinance amending Title 12of the San Rafael Municipal Code by amending Section 409 of the Uniform Plumbing Code requiring the installation of backflow preventive devices in certain instances, and numbering Charter Ordinance No. 1042 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RE: FRANCISCO BOULEVARD PROPERTY - File 2-1-5 Mr. Charles Linthicum, Senior Planner informed the Council that the City Planning Commission had con- sidered the exchange of easements as proposed by Mr. Hercules Viglienzone at the site of the old Cor- poration Yard on Francisco Boulevard next to the entrance to Dominic's Restau-ant at its meeting of November 23rd, 1971. He stated that four plans had been considered on which the commission had failed to agree and the matter is sent back to the Council without recommendation. Mr. Robert Roumiguiere representing Mr. Viglienzone discussed the need for the strip of land to the west of the Viglienzone property, and the advantages to the City of an easement between this property and Dexter Toyota to the west. Mr. William McDevitt and Mr. Herbert Crocker spoke in opposition to the proposed exchange. The matter was continued to December 20th, 1971. RE: UNDERGROUND UTILITY DISTRICT NO. 3 - File 12-18-8 Director of Public Works, Norris Rawles recommended that the Council extend time for completion of under - grounding in Underground Utility District No. 3 to provide property owners additional time to accomplish the necessary change over. i Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to extend the time for completion of underground work from January 6th, 1972 to June 30, 1972. Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RE: PROPOSED BUS STOPS IN SAN RAFAEL FOR GOLDEN GATE TRANSIT - File 11-23 Director of Public Works, Norris Rawles and City Engineer, Ely Caillouette, Jr. presented to the Council the results of a meeting with Jerome Kuykendall, Transportation Developer for Golden Gate Transit indicat- ing bus stops eastbound and westbound on Fourth Street. Motion was made by Councilman Mulryan, seconded by Councilman Jensen, to approve the stops as recommended. Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RE: CHAMBER OF COMMERCE - File 119 Mr. Paul Ciampi, President of the San Rafael Chamber of Commerce requested that the City Council consider allocating $15,000.00 in next year's budget for services to be performed by the Chamber of Commerce for the City. He stated that Mr. Arthur Lebow had researched the matter, and the City can legally increase the $1,000.00 limit for promotion set by the City Charter by contracting for services. After discussion, the Council agreed to carry the matter over to the 1972-73 budget session. RE: LIBRARY BOARD - File 9-2-3 City Manager, James McCown advised the Council that there were a number of applicants for the appointment to the Library Board to replace Hanlon P. Tharp, who has resigned. The Council agreed to interview applicants between 7:00 and 8:00 p.m. on Monday, December 13th, and Mon- day, December 20th, 1971. RE: CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE - File 3-1 City Finance Director, John Averett presented procedure for processing claims against the City of San Rafael. The matter was continued to December 20th, 1971. RE: FEES IN CONNECTION WITH DWELLING UNITS - File 9-12 x 9-3-17 Director of Parks and Recreation Andrew J. Snyder discussed with the Council an ordinance amending the ordinance providing for the payment of fees in connection with construction of dwelling units. Motion was made by Councilman Mulryan, seconded by Councilman Jensen, that the ordinance be corrected to charge $60.00 for a mobile home space or pad payable in two installments. An ordinance of the City of San Rafael amending various sections of Chapter 3.24 of Title 3 of the Muni- cipal Code of the City of San Rafael providing for the payment of fees in connection with construction of dwelling units, and numbering Charter Ordinance No. 1046 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RE: LEASE FROM SAN RAFAEL SANITATION DISTRICT - File 2 -9 -1 - RESOLUTION NO. 4125 - RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO SIGN AGREEMENT. (Agreement Renewing Lease -Police Pistol Range - Five Year Period Commencing December 7, 1971) Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RE: MARIN COUNTY MOSQUITO ABATEMENT DISTRICT - File 9-2-9 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, that Paul Di Pietro be reappointed a Trustee to the Board of the Marin County Mosquito Abatement District for 1972 and 1973• Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RE: NATIONAL FLOOD INSURANCE PROGRAM - File 12-9 The Council set January 3rd as the date for a public hearing to establish land use and control measure criteria in connection with the National Flood Insurance Program. RE: CALL FOR BIDS - WALL-TO-WALL CARPETING - SAN RAFAEL PUBLIC LIBRARY - File 4-2-92 RESOLUTION NO. 4126 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND IN- STRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR SUPPLYING CARPET AND PADDING IN SAN RAFAEL PUBLIC LIBRARY (Bid opening January 3rd, 1972 at 2:00 p.m.) 2 1'4 Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RESOLUTION NO. 4127 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR INSTALLATION OF CARPET AND PADDING IN SAN RAFAEL PUBLIC LIBRARY (Bid opening January 3rd, 1972 at 2:00 p.m.) Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RE: CLAIM - RUSSELL AMOS, 1415 NYE STREET - File 3-1 A Notice of Claim from Mr. Russell Amos, 1415 Nye Street, San Rafael for inverse condemnation, destruc- tion of real property, and for deprivation of the full use of real property was presented to the City Council. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to deny the claim and refer it to the City's insurance carrier. Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to appoint Mark C. Hedeen as Auxiliary Police Officer effective immediately. Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to appoint Assistant City Manager, William J. Beilser at $15,600.00 a year effective January 3rd, 1972• Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen Motion was made by Councilman Jensen, seconded by Councilman Mulryan, request for leave of absence with- out pay, commencing November 22, 1971 to and including January 15th, 1972 was granted to John Paysee, Garage Mechanic. Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen RE: CITY -COUNTY PLANNING COUNCIL - File 4-13-24 City Planner, Herbert G. Hotchner reported on the December 2nd meeting of the City -County Planning Coun- cil. The Council agreed to make this an agenda item at future meetings to discuss the actions taken by the City -County Planning Council. RE: TAXES - File 9-12 Gregg Smith addressed the Council asking that San Rafael hold the line on taxes. Mayor Bettini and the Councilmen present assured Mr. Smith that the San Rafael Council is very concerned about this matter, and is doing all that it can to provide good government services at the lowest pos- sible cost. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated December 6th, 1971, and Advice on Payroll dated 3rd, 1971, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 106,258.56 PARKS FUND 3,031.11 LIBRARY FUND 2,026.30 PARKING DISTRICT FUND 5,565.24 CAPITAL IMPROVEMENT FUND 51,110.42 STORES REV OLVING FUND 541.53 EQUIPMENT REPLACEMENT FUND 9,647.22 $ 177,180.3b Payroll: GENERAL FUND PARKS FUND LIBRARY FUND Council adjourned to Monday, December 20th, 1971. $ 124,732.66 5,221.62 5,156.93 $ 135,111.21 MARION A. GRADY, City Clerk Approved thiso<'Ohtday of , MAYOR OF THE CITY SOF SAN RAFAEL 19 71 ;),I — e If In the Council Chambers of the City of San Rafael, Monday, December 20th, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Mulryan, and carried, the minutes of the re- gular meeting of December 6th, 1971, a true and correct copy thereof leaving been heretofore submitted to each member, were approved. RE: FRANCISCO BOULEV ARD PROPERTY - File 2-1-5 City Engineer, Ely Caillouette, Jr. discussed several plans for access to the property at the rear of Mr. Hercules Viglienzone and the Dexter Toyota properties. After discussion with the property owners in- volved, it was moved by Councilman Jensen, seconded by Councilman Mulryan, to enter into an agreement with the Lincoln Mercury dealer for a 48 foot strip of property for roadway purposes contiguous to the easterly property line of Dexter Toyota property, said lease contingent upon details being worked out with Mr. Viglienzone, the City Attorney and the City Manager. Ayes: Councilmen: Jensen, Mulryan and Mayor Bettini Noes: Councilmen: Barbier, and Miskimen Absent: Councilmen: None RE: CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE - File 3-1 The operating procedure for processing claims against the City of San Rafael was reviewed by the Council and it was the consensus that all claims should be referred to the City Council rather than being pro- cessed through a claims board. The City Manager and Finance Director wer requested to revise the procedure and the matter was continued to January 3rd, 1972. RE: AMENDMENT TO ZONING ORDINANCE TO RECLASSIFY COUNTY ASSESSOR'S PARCEL 11-162-14 FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO R-2 DUPLEX RESIDENTIAL DISTR NANCE NO. 1043 - Final Adoption - File 10-3 22 BRYN MAWR DRIVE T - CHARTER ORDI- CHARTER ORDINANCE NO. 1043 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from R-1 (Single Family Residential) District to R-2 (Duplex) Residential District, and numbering Charter Ordinance No. 1043 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LIBRARY BOARD OF TRUSTEES - File 9-2-3 Motion was made by Councilman Miskimen, seconded by Councilman Jensen, to appoint Richard H. Bradshaw III to the Library Board of Trustees to fill the unexpired term of Hanlon P. Tharp. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EAST SAN RAFAEL DRAPNAGE ASSESSMENT DISTRICT NO. 1 - File 6-22 RESOLUTION NO. 4129 - RESOLUTION APPOINTING ENGINEER OF WORK, EAST SAN RAFAEL DRAINAGE ASSESS- MENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None ENGINEER'S ESTIMATE OF COST, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA and ENGINEER'S REPORT AND ASSESSMENT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA were filed with the City Clerk. RESOLUTION NO. 4130 - RESOLUTION AND ORDER PRELIMINARY ADOPTING ENGINEER'S REPORT, SETT- ING PUBLIC HEARING THEREON, CALLING FOR BIDS AND SETTING PUBLIC HEARING ON THE FORMATION OF THE LEVEE MAINTENANCE DISTRICT, EAST SAN RAFAEL DRAINAGE ASSESSMENT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4131 - RESOLUTION ADOPTING SCALE OF PREVAILING WAGE RATES. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None NOTICE OF IMPROVEMENT and NOTICE INVITING SEALED BIDS were filed with the City Clerk. RE: SANITARY SEWER RECONSTRUCTION PROJECT - PHASE II WS -CALIF -358 - File 4-1-189 x 12-6 RESOLUTION NO. 4132 - RESOLUTION APROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR SANITARY SEWER RECONSTRUCTION PROJECT - PHASE II PROJECT NO. WS -CALIF -358. (Bid opening 10:00 a.m. on Friday, the 14th day of January, 1972) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: PROJECT 9633-71.153 "K" STREET CULVERT ADDITION - File 4-1-187 RESOLUTION NO. 4133 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. (December 27th, 1971) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: STOP SIGNS - File 11-9 On recommendation of the San Rafael Traffic Committee, it was moved by Councilman Jensen, seconded by Councilman Mulryan, that stop signs be installed on Dodie at Simms Street, on Mission at Embatcadero Way and Embarcadero Way at Marina Court. RESOLUTION NO. 4134 - RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: BUSINESS LICENSE ORDINANCE - File 9-10 A proposed amendment to the Business license Ordinance relating to two or more businesses at the same location was held over to incorporate other changes into the ordinance. RE: LOW RENT HOUSING - File 13-16 RESOLUTION NO. 4135 - RESOLUTION AUTHORIZING FIFTY LOW RENT HOUSING LEASED DWELLING UNITS FOR PERSONS WHO HAVE BEEN RESIDENTS OF THE CITY OF SAN RAFAEL FOR AT LEAST TWO YEARS. Ayes: Councilmen: Bar -bier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: Mitskimen Absent: Councilmen: None RE: CITY -COUNCIL PLANNING COUNCIL - File 4-13-24 City Planner, Herbert G. Hotchner presented a draft of a letter to the City -County Planning Council with recommendations on the preliminary Marin Countywide Plan for the City Council's consideration. These recommendations were approved by unanimous vote of the Planning Commission at their regular meeting of December 14, 1971. After discussion, it was moved by Councilman Jensen, seconded by Councilman Barbier, to authorize the Mayor to join with the Planning Commission in signing the letter and sending it to the City -County Planning Council. Ayes: Councilmen: Barbier, Jensen, and Mayor Bettini Noes: Miskimen and Mulryan Absent: None RE: WEED ABATEMENT CHARGES - File 13-10.1 The protest of Frank Pavia (County Assessor's Parcel No. 175-342-40) of weed abatement charges was con- tinued in order that Mr. Pavia could be present. Director of Public Works Norris Rawles was instructed to write to Mr. Pavia to tell him when the matter will be heard. RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Jensen, to appoint the following as Auxiliary Police Officers effective immediately: 1 - Michael J. Andrade 2 - James R. Kelly 3 - Thomas H. A. Muirhead Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to grant leave of absence without pay to Marvin Vollmer, San Rafael Fireman to February 27, 1972. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPOINTMENT OF CITY TREASURER - File 7-5 x 9-3-15 Motion was made by Councilman Barbier, seconded by Councilman Jensen, Mr. John B. Averett was appointed to fill the unexpired term of Angie Soldavini, City Treasurer. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BUS STOPS - File 11-23 Round Table Pizza Parlor requested moving of bus stop from in front of their business to a place to the east to prevent blocking of their driveway. Public Works Director, Norris Rawles stated that this has been accomplished. RE: PARKING LIMITS FOURTH AND UNION STREETS - File 11-8 Traffic Committee was requested to have a resolution prepared establishing parking limits in the vicinity of Fourth and Union Streets. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated December 20th, 1971, and Advice on Payroll dated December 20th, 1971, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND PUBLIC EMPLOYEES RETIREMENT PARKING DISTRICT FUND CAPITAL IMPROVEMENT FUND STORES REVOLVING FUND EQUIPMENT REPLACEMENT FUND Payroll: Council adjourned. GENERAL FUND PARKS FUND LIBRARY FUND $ 24,007.17 1,372.96 744.67 43,037.39 16,518.90 1,016.30 1,285.16 10,262.84 $ 9T,-24-5.39 $ 155,473.97 5,494.o8 5,388.09 $ 166,356.14 MARION A. GRADY, City Clerk Approved this s �z d da � P P Y of _:Z<< n 19 77^ . MAYOR OF THE CITY 0 SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, January 3rd, 1972 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Absent: John A. Miskimen Motion was made by Councilman Jensen, seconded by Councilman Barbier, and carried, the minutes of the re- gular meeting of December 20th, 1971, a true and correct copy thereof having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S APPROVAL - AA71-97 REMODEL NG NORTHWESTERN PACIFIC RAILROAD DEPOT INTO RESTAURANT - 930 TAMALPAIS AVENUE - Fi,le 10-7 This public hearing was continued from the meeting of December 6th, 1971. City Clerk, Marion Grady reported that Mr. E. T. Ghirardo and Mr. J. H. McCown hav e signed consent to the waiver of the provisions of Municipal Code Section 14.84.040 subsection (d) which requires the Coun- cil to render its decision with sixty days after the filing an appeal. The public hearing was continued to January l7th, 1972 at 8:00 o'clock P.M. RE: PUBLIC HEARING - APPEAL PLANNING COMMISSION APPROVAL (AA71- ELDERLY HOUSING. 1327 LINCOLN AVENUE. 'FOMAN CATHOLIC WELFAR MARIN REP. - File 10-7 Mayor Bettini declared the hearing open. BUILDING AND SITE IMPROVEMENTS - E_ CORP. NER, CATHOLIC SERVICE OF Planning Director, Herbert G. Hotchner informed the Council that they have before them a complete staff report; together with a map of the site and adjoining area on which the location of the questioned drive- way is circled, and the minutes of the Planning Commission meeting of November 23rd, 1971, at which the architectural approval for the building and site improvements for elderly housing at 1327 Lincoln Avenue was granted with conditions. He informed the Council that the use of the driveway connection to Hill- crest Drive for emergency vehicles was the only aspect of the approval which was being appealed. The Director displayed a series of site plans and profiles that were approved by the Planning Commission and on which the driveway, parking, gated area, property line, curb line of Hillcrest Drive, and adjoining structures were located to scale. Mr. William Brannan, 21 Hillcrest Drive addressed the Council stating that he is in favor of the elderly housing project, but objects to the stub street from Hillcrest Drive being used for the benefit of pri- vate indivuduals for ingress and egress for emergency vehicles and for parking on the City right-of-way. He requested the Council to take the necessary steps to abandon the stub street and to pass an ordinance limiting access to Fire Department vehicles only. Mr. William Parnow stated that the Catholic Social Service of Marin wants ingress and egress for emer- gency use only, and does not need the additional parking space created by placing the barricade at the curb line rather than the property line. Mr. William Tarrant representing Catholic Social Service requested that the Council not abandon the right- of-way as the dual access to the property is a benefit not only to the property but to the City at large. Mayor Bettini declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to grant the appeal with the bar- ricade to be placed on the property line, and the property posted for emergency vehicles only and posted ''no parking''. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PUBLIC HEAR114G - APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF SIGN STANDARDS - MONTECITO SHOP- PING CENTER - file 10-11 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner summarized for the Council the actions taken by the Planning Com- mission in setting standards for the various shopping centers, and in particular standards for Montecito Shopping Center. He pointed out that the major differences between the Planning Commission's recommenda- tions and the Montecito shop owners, concerned the desire of the merchants to permit as many -of the signs now existing to remain. The Planning Commission decided that all signs should be two and a half feet in height, and from the bottom of the sign, 13-1/2 feet from the ground for the purpose of uniformity. The second area of contention relates to the four freestanding signs in the center. The Commission agreed to permit the sign advertising the shopping center to reamin, however, Thrifty Drug, Purity and The Kettle freestanding signs were to be removed. In addition, a treatment of the sign for Carpet King, the only second floor business in the center, was in question. Mr. David Cohn, a co-owner of the Montecito Shopping Center stated that the treatment of the freestanding signs in the center was different from that allowed other merchants in town. Also, the 2-1/2 foot height limitation is not imposed on merchants in various other areas of the town. Mr. Cohn stated that the standards applicable to other areas in San Rafael should be applicable to the Montecito Shopping Center. Mr. Abe Blumenfeld stated that after several meetings with the Planning staff and the Montecito merchawts, the standards agreed to by the merchants were thrown out by the Planning Commission. Representatives of Thrifty Drug spoke of the varying heights of the building in which they are located and the difficulty of putting script letters ''Thrifty'' in a 2-1/2 foot high sign, also the standards on the freestanding sign height and square footage are much too restrictive. Others who addressed the Council concerning the standards as they apply to their business were Steven Bower from Goodman Builders; Mr. Hood, Bank of America; Mr. Joe Enos of Carpet King; Mr. Lee Harvey, The Musci Shop. Standard Brands Paint Company which is opening its store in February need standards before their opening. As they are new in the area, they need identification. Mr. Don Edmondo, President of the Loch Lomond Homeowners Association asked that the City Council support the Planning Commission and deny the appeal. Mr. Joe Garbarino, Chairman of the San Rafael Planning Commission stated that the commission had worked for four yeats on sign standards as it was necessary to have some criteria in determining what signs would be allowed. The Commission has spent 35 to 40 hours on public hearings on sign standards with very small attendance by the merchants. The Planning Commission does not want to impose any severe hardships on the merchants but sign standards must be adopted. Mr. Garbarino stated that there had been points brough out by various appellants at this meeting which he would be willing to reconsider at the Commis- sion level. The matter was referred back to the Planning staff to work out the changes with the Montecito Shopping Center owners and merchants, and was continued to January 17th. RE: PUBLIC HEARING - NATIONAL FLOOD INSURANCE PROGRAM - File 12-9 Mayor Bettini declared the hearing open, and continued the hearing to January 17th, 1972. RE: FRANCISCO BOULEVARD PROPERTY - File 2-1-5 City Attorney, Fred Robbins, Jr. presented an agreement between the City of San Rafael and Hercules Viglienzone for the exchange of easements on the Francisco Boulevard property. Mr. Wayne White representing Mr. McDevitt asked the Council to reopen the hearing in the matter. This request was denied. The Council continued the matter to January 17th, 1972 in order to study the agreement prepared by Mr. Robbins. RE: WEED ABATEMENT CHARGES - File 13-10.1 Mr. and Mrs. Frank Pavia appeared before the Council to protest the charge of $60.06 which was placed as a lien against their property for weed abatement in 1970. After discussing the matter, it was moved by Councilman Jensen, seconded by Councilman Barbier, to dis- miss the charge and reimburse Mr. and Mrs. Pavia for the $60.06 charged. RF AMENDMENT TO ZONING ORDINANCE TO PREZONE PROPERTY LOCATED SOUTH OF LUCAS VALLEY ROAD ABUTTING LOS GAMOS DRIVE ON THE WEST AND HIGHWAY 101 ON THE EAST - COUNTY ASSESSOR'S PARCEL 165-010-51 AND 53 T4 PUD -AP PLANNED UNIT DEVELOPMENT - ADMINISTRATIVE PROFESSIONAL DISTRICT - FIREMAN'S FUND INSURANCE COMPANY. OWNER CHARTER ORDINANCE NO. 1044 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from C -P & R -P (Planned Commercial and Planned Residential, respectively) Districts to PUD -AP (Planned Unit Development - Administrative Professional) District, and numbering Charter Ordinance No. 1044 was passed and adopted as an ordinance of the City of San Rafael by the follow- ing vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: AMENDMENT TO ZONING ORDINANCE TO RECLASSIFY PROPERTY LOCATED ON THE SOUTH SIDE OF LUCAS VALLEY ROAD ABUTTING SAN RAFAEL PARK SUBDIVISION ON THE WEST AND HIGHWAY 101 ON THE EAST - COUNTY ASSESSOR'S PARCEL 165-010-16, 50, 52 AND PORTIONS OF 51 AND 53 TO AP (ADMINISTRATIVE PROFESSIONAL) DISTRICT - FIREMAN'S FUND INSURANCE COMPANY, OWNER - File 10-3 CHARTER ORDINANCE NO. 1045 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from C -P & R -P (Planned Commercial and Planned Residential, respectively) Districts to A -P (Administrative -Professional) District, and numbering Charter Ordinance No. 1045 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: FEES IN CONNECTION WITH DWELLING UNITS - File 9-12 x 9-3-17' CHARTER ORDINANCE NO. 1046 - An ordinance of the City of San Rafael amending various sections of Chapter 3.24 of Title 3 of the Municipal Code of the City of San Rafael providing for the payment of fees in con- nection with constructicn of dwelling units, and numbering Charter Ordinance No. 1046 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE - File 3-1 The revised procedure for processing claims against the City of San Rafael was presented to the Council. It was moved by Councilman Jensen, seconded by Councilman Mulryan, to adopt the standards as presented and to appoint the Finance Officer, City Attorney and the City Manager to the claims committee. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: WORKMEN'S COMPENSATION COVERAGE FOR AUXILIARY POLICE - File 7-4 RESOLUTION NO. 4128 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RE AUXILIARY MEMBERS OF THE POLICE DEPARTMENT. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: TRAFFIC BLOCKING INTERSECTION - File 11-1 Captain Borba of the San Rafael Police Department was requested to look into the matter of a city ordi- nance or a state law prohibiting traffic from blocking intersections. RE: CELEBRATIONS AND CEREMONIES - File 104 Councilman Barbier commented on the fact that San Rafael has not had a parade since 1967 and local children are going to grow up without having seen a parade. RE: SPECIAL MEETING WITH SAN RAFAEL CITY COUNCIL AND SAN RAFAEL SCHOOL BOARD - File 9-1 The San Rafael School Board has asked to meet with the City Council to discuss several matters of mutual concern. The nights of January 10th or 31st were suggested and City Manager, James McCown was requested to check with the school board for a mutually acceptable date. RE: ECONOMIC OPPORTUNITY COUNCIL - File 13-1 Assistant City Manager, William Bielser was appointed to represent the City of San Rafel on the Economic Board. RE: NORTHWESTERN PACIFIC RAILROAD RIGHT-OF-WAY - File 117 Councilman Mulryan was requested to attend the meeting on January 12th concerning the proposed use of the Northwestern Pacific Railroad right-of-way. RE: LEGAL ACTION INVOLVING CITY -File 3-2 The Council met in closed session to discuss with City Attorney, Fred Robbins, Jr. the possibility of proceeding with a suit in connection with the atement of a nuisance. The City Attorney was directed to bring action against the property owner involved. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated January 3rd, 1972, and Advice on Payroll dated January 5th, 1972, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT PARKING DISTRICT GAS TAX CAPITAL IMPROVEMENT STORES REVOLVING EQUIPMENT REPLACEMENT SEWER CONSTRUCTION FUND Pay ro 11 : GENERAL FUND PARKS FUND LIBRARY FUND Council adjourned to Monday, January 17th, 1972. $ 22,057.04 708.07 4,535.99 326.00 321.50 12,785.71 11,622.69 195.18 384.32 24,189.30 77,125-80 122,223.09 5,451.66 4,968.69 $ 132,643.44 MARION A. GRADY, City Clerk Approved this 1-71L day of ,;�4 07 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers. of the City of San Rafae.l, Monday, January 17th, 1972 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman 6) r? ...J W aJ Motion was made by Councilman Jensen, seconded by Councilman Mulryan, and carried, the minutes of the re- gular meeting of January 3rd, 1972, a true and correct copy thereof having been submitted to each member, were approved. RE: PUBLIC HEARING - NATIONAL FLOOD INSURANCE PROGRAM - File 12 - This is a continuation of the public hearing of January 3rd, 1972. City Engineer, Ely Caillouette, Jr. discussed with the City Council the minimum land use and control criteria which the City is required to adopt in order to qualify for permanent flood insurance under the National Flood Insurance Program. The Council discussed the effect of the new ordinance on underground utilities and the high standards which must be met for new construction. In some instances variances from the standrds can be waived with a permit and an annual report is made on how the ordinance has been administered, from which information the flood insurance rates are set. The Council wished to give local builders a chance to study the ordinance in relation to cost of new construction and make the recommenda- tion, and the matter was continued to January 31st at 8:00 o'clock P.M. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DENIAL FOR GUEST HOUSE AT 417 MISSION AVENUE (UP -117) - File 10-5 Mayor Bettini announced that a letter from Clark M. Palmer representing the appellants had been received withdrawing the appeal. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S APPROVAL - REMODELING NORTHWESTERN PACIFIC RAIL- ROAD DEPOT INTO RESTAURANT (AA71-97 - File 10-7 This is a continuation of the public hearing from the meeting of January 3rd, 1972. Planning Director, Herbert G. Hotchner reviewed the action of the Planning Commission in granting architectural approval for the remodeling of the former Northwestern Pacific Railroad Depot into two restaurants. The proposed plan for remodeling does not meet the requirements of the building code. Additionally the area proposed for parking is a public street and belongs to the city. The use of restaurant facilities which are predominately drive in type facilities would require a use permit. The Planning Commission at its meeting of November 9th granted architectural approval without requiring off street parking. Mr. Ed Ghirardo representing Salt's Fish and Chips and the Sub Hut feels the plan is a good concept and will up -grade the area. The businesses are primarily take-out and will be operating mostly after 6:00 p.m. and will not add to the traffic congestion. With regard to the building code and fire standars, the installation of a sprinkling system can relieve any hazard. Mr. Hotchner pointed out that the applicant applied for architectural approval for two restaurants seating 30 to 40 persons. If this is predominately take out business a use permit is required. The hearing was closed. Motion was made by Councilman Barbier, seconded by Councilman Miskimen to uphold the appeal and overrule the action of the Planning Commission. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF SIGN STANDARDS - MONTECITO SHOPPING CENTER - File 10-11 The hearing was continued to February 7, 1972. RE: FRANCISCO BOULEVARD PROPERTY - File 2-1-5 City Manager, James McCown reviewed the proposal for an exchange of property between Hercules Viglienzone and the City, the terms of the agreement which was drawn up by the City Attorney, and the appraisal of the value of the property made by Edward P. Morphy, Real Estate Appraiser. After discussion, the Council agreed to a five year lease at $200.00 per month with option to renew at an adjusted rental and option to buy when and if title is clear at $3.00 per foot with renegotiation subject to arbitration. The City Attorney was instructed to rewrite the lease and the matter was continued to January 31st, 1972. RE: STOP SIGNS - File 11-9 RESOLUTION NO. 4140 - RESOLUTION DESIGNATING AND DESCRIBING INTERSECTION AT WHICH A BOULEVARD STOP IS REQUIRED (Knight Drive at San Pedro Road) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: HOLD HARMLESS COVENANT - IRVING SHAPIRO - 40 CANYON OAK DRIVE - File 4-11-41 Motion was made by Councilman Jensen, seconded by Councilman Barbier to authorize the Mayor and City Clerk to sign a covenant running with the land due to construction of a swimming pool over an existing city drainage easement. RESOLUTION NO. 4141 - RESOLUTION AUTHORIZING THE SIGNING OF A COVENANT (Irving W. Shaprio) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SANITARY SEWER RECONSTRUCTION PROJECT, PHASE II - File 4-1-189 Director of Public Works, Norris Rawles presented the results of the bid opening on January 145h, 1972 for the Sanitary Sewer Reconstruciton Project, Phase II. Mr. Jack Flynn representing J and M Inc., General Engineering Contractors, the low bidder on the project, addressed the Council requesting permission to withdraw the bid by reason of an error by the contractor on the bid. After discussion, it was moved by Councilman Barbier, seconded by Councilman Mulryan that since the staff is satisfied that this is an honest error, J and M Inc. be permitted to withdraw its bid. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bett-,rni Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Mulryan, seconded by Councilman Barbier, the contract be awarded to Kirk- wood-Bly, Inc., the next low bidder, subject to H.U.D. approval. RESOLUTION NO. 4137 - RESOLUTION OF INTENT TO AWARD CONTRACT (Kirkwood-Bly, Inc.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SALES AND USE TAX - File 8-10 Finance Director, John Averett stated that the review of sales and use tax data applicable to the City of San Rafael would be very helpful in long range financial planning; however, access to these records can be gained only by a specific authorization of the Council. RESOLUTION NO. 4143 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: STREET NAME CHANGE - TAMALPAIS AVENUE TO REDWOOD HIGHWAY - File 11-2 The Planning Commission at its January 11th meeting unanimously recommended that Tamalpais Avenue border- ing Highway 101 between Willow Avenue and Las Gallinas Avenue in the San Rafael Meadows area be renamed to Chiesa Way in order to eliminate confusion with the existing Tamalpais Avenue in San Rafael. A letter was received from business firms fronting on this street who now use the address Redwood High- way objecting to the inconvenience of changing addresses on stationery, telephone listings, advertising, etc. Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, that the street name be changed to Redwood Highway. RESOLUTION NO. 4139 - RESOLUTION OF THE CITY OF SAN RAFAEL RENAMING TAMALPAIS AVENUE IN THE SAN RAFAEL MEADOWS AREA ''REDWOOD HIGHWAY''. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FURNISHING AND INSTALLING CARPET IN THE SAN RAFAEL PUBLIC LIBRARY - File 4-292 City Librarian Vivian Smith reported that bids for furnishing and installing the carpet for the City of San Rafael Library had been received and opened on January 3rd, 1972 and referred to the Library Board. It is the recommendation of the Library Board that the one bid for installation be rejected as it is too high. The Board also recommends that the bid of Stan Mertel at $7.90 per yard for carpet and $ .75 for padding be accepted. 22 7 rr Motion was made by Councilman Jensen, seconded by Councilman Barbier, to reject the bid for installation of carpet and to auth6rize the Purchasing Department to negotiate the cost of installation; to accept the bid of Stan Mertel for carpet and padding and to authorize the transfer of necessary funds from the unappropriated reserve. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4144 - RESOLUTION AWARDING BID FOR PURCHASE OF CARPET AND PADDING FOR SAN RAFAEL PUBLIC LIBRARY (Stan Mertel) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONAL INJURY CLAIM - LESLIE LIND DAUGHTER OF ARLENE LIND File 3-1 The claim of Leslie Lind by and through her natural Guardian ad Litem, Arlene Lind, her mother, for in- juries received to her ankle in the sum of $100,000.00 was received by the City Council. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to deny the claim and refer the matter to our insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: COMMENDATION FOR ANGELINA J. SOLDAVINI - RETIRING CITY TREASURER - File 7-5 x 102 RESOLUTION NO. 4136 - RESOLUTION HONORING ANGELINA J. SOLDAVINI UPON HER RETIREMENT FROM THE OFFICE OF CITY TREASURER. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE-: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to promote Michael Tompkins to the rank of Fire Engineer effective January 19th, 1972. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FIRE COMMISSION - File 9-2-5 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to accept resignation of Rafael G. Dufficy and send a letter thanking him for his service. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PURCHASE OF PROPERTY - File 2,7.1 RESOLUTION NO. 4138 - APPLICATION TO SECRETARY OF THE INTERIOR FOR CERTAIN REAL PROPERTY. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GOLDEN GATE BRIDGE - HIGHWAY AND TRANSPORTATION DISTRICT - File 112-2 RESOLUTION NO. 4142 - RESOLUTION REQUESTING THE STATE DIVISION OF HIGHWAYS TO PROVIDE ACCESS FROM HIGHWAY 17 TO THE PROPERTY OF THE GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated January 17th, 1972, and Advice on Payroll dated January 20th, 1972, and now on file in tinance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 33,675.02 PARKS FUND 1,330.46 LIBRARY FUND 1,308.69 EMPLOYEES RETIREMENT FUND 37,788.84 PARKING DISTRICT 142.57 CAPITAL IMPROVEMENT 960.60 STORES REVOLVING 602.14 EQUIPMENT & REPLACEMENT 8,738.62 TRUST AND AGENCY 46.96 $moi, -593.90 Payroll: GENERAL FUND $ 118,908.33 PARKS. FUND 5,130.00 LIBRARY FUND 5,172.17 129,210.50 RE: PERSONNEL - File 7-5 The Council adjourned to a closed session to discuss a personnel matter. MARION A. GRADY, City Clerk 47 Approved this oday of 9�, MAYOR OF THE CITY'OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, January 31, 1972 at 8:00 o'clock P.M. Regular Adjourned Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: JOHN AVERETT - CITY TREASURER AND LICENSE COLLECTOR - File 7-5 X -� ��S City Clerk, Marion Grady administered the Oath of Office to John Averett, City Treasurer and License Collector. After discussion, it was moved by Councilman Jensen, seconded by Councilman Barbier, that the combined salary for the Finance Director - City Treasurer and License Collector be $1,550.00 per month. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: NATIONAL FLOOD INSURANCE - File 12-9 The public hearing on the requirements to be adopted in order to continue the availability of National Flood Insurance in San Rafael was continued to February 28th, 1972 at 8:00 o'clock P.M. RE: FRANCISCO BOULEVARD PROPERTY - File 2 -1 - Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, to continue the matter for one week to the meeting of February 7th, 1972 and to have a presentation by Messrs. Roumiguiere/Vi glienzone and Messrs. Crocker/McDevitt and an agreement submitted by City Attorney, Fred Robbins, Jr. Ayes: Councilmen: Barbier, Miskimen and Mulryan Noes: Councilmen: Jensen and Mayor Bettini Absent: Councilmen: None RE: ENCROACHMENT PERMIT - 140. 142 AND 144 WOODLAND AVENUE - GEORGE STEINERT - File 2-11 The request of Mr. George Steinert for Council approval to construct a reinforced sidewalk to connect to an existing building retaining wall in order to prevent further failure of the retaining wall at 140, 142 and 144 Woodland Avenue was presented. The encroachment would be 5 feet into the right-of-way and 100 feet in length. The Department of Public Works recommends that the application for the permit be denied. After discussion, it was moved by Councilman Mulryan, seconded by Councilman Miskimen, to grant Encroach- ment Permit No. 232 subject to the applicant's attorney preparing a covenant Holding the City Harmless, said covenant to be approved by the City Attorney. Councilman Jensen stated he would vote against the encroachment because the Public Works Department re- commends against it. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: Jensen Absent: Councilmen: None RE: AGREEMENT - MARIN YACHT CLUB - File 4-10-53 x 2-1-6 x 2-8-6 City Attorney, Fred Robbins, Jr. presented an agreement between the City of San Rafael and the Marin Yacht Club wherein the City of San Rafael will issue a building permit for the construction of small boat facilities and future proposed facilities with certain provisions relating to a law suit wherein title to certain portions of property is contested. RESOLUTION NO. 4145 - see bottom of page JOINT MEETIAW ITH BOARD OF EDUCATION RE: RECREATION PROGRAM - CITY AND SCHOOL DISTRICT - File 4-7-1 San Rafael City Council and the San Rafael Board of Education agreed that the City and Elementary School District will share f ifty-fifty the cost of an after school recreation program at Santa Venetia Middle School. RE: GLENWOOD STORM WATER PUMP STATION - File 12-9 It was agreed by the San Rafael City Council and the San Rafael Board of Education that the City will take over the maintenance of the Glenwood Storm Water Pump Station if the school district will bring the pump station up to City of San Rafael standards. RE: USE OF SCHOOL PROPERTY FOR RECREATION PURPOSES - File 4-7-1 The San Rafael Board of Education offered the City the use of a piece of property owned by the school district in the Peacock Gap area which they will not need for probably five years. The City agreed to refer the matter to the Parks and Recreation Department for study. RESOLUTION NO. 4145 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Marin Yacht Club) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Council adjourned. MARION A. GRADY, City Clerk '1-�K Approved this m&W day of g-6. 19 *7 r C nl,z MAYOR OF THE CITY 'OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, February 7, 1972 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, and carried, the minutes of the re- gular meeting of January 17th, 1972 and the regular adjourned meeting of January 31st, 1972, a true and correct copy thereof having been submitted to each member, were approved. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S APPROVAL OF SIGN STANDARDS - MONTECITO SHOPPING CENTER - File 10-11 Mayor Bettini declared that this public hearing was continued from the January 17th, 1972 meeting. Planning Director, Herbert Hotchner reported that after the public hearing of January 17th, 1972 details were worked out in accordance with the Council's instructions which now seem to be acceptable. The Coun- cil has recieved a copy of the new standards. He reported that the Montecito merchants, as well as other interested parties, have received copies of these standards. The only question seems to be the length of time which the freestanding signs will be permitted to remain, and unless the Council wishes to take some specific action tonight this will come under the scope of the sign ordinance. Mr. Donald Edmondo, President of the Loch Lomond Homeowners Association expressed concern about the hap- hazard appearance of the signing in the Montecito Center commenting that this is a local shopping center rather than a regional shopping center, patronized by people who know the local merchants. Mr. Joe Finkelberg representing Thrifty Construction Company of Los Angeles stated that they will remove the freestanding sign at the time they are advised to do so but would like to place the large front sign on the side of the building. The sign is approximately 200 square feet and they are entitled to 130 square feet only. Mr. Goodmandson of the Loch Lomond Homeowners Association stated that the smaller sign on the side of the building would be readily indentifiable and help to reduce the garish view which the residents of Loch Lomond find objectionable. Mr. Robert Schoen, 10 Jewell Street reported that he has yet to see anything objectionable about the signs in Montecito Shopping Center and none of his neighbors have objected. Mrs. Elizabeth Falk of Loch Lomond objected to the size of the sings and stated that smaller signs would be just as effective if all signs were small. Mayor Bettini asked if anyone was present from the shopping center who had objections to the sign stan- dards as amended and presented for action tonight. No one spoke, however, the Planning Director announced for the record that Mr. Abe Blumenfeld represent- ing the owners of the shopping center, Mr. Christman and Mr. Finkelberg representing Thrifty, Mr. Wager representing Standard Brands Paints are present. Mrs. Sue Lifschiz of the Loch Lomond Homeowners Associa- tion asked if the Purity sign is amortized and why it is not required to be replaced at this time. The Planning Director stated that it would be less contentious to have all the freestanding signs including Mayfair across the street come down at the same time. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the appeal be granted and the sign standards as amended by the draft presented January 12th, 1972 be accepted. Ayes: Councilmen: Barbier, Jensen and Mayor Bettini Noes: Councilmen: Miskimen and Mulryan Absent: Councilmen: None RE: APPEAL OF SAN RAFAEL PLANNING COMMISSION'S ADOPTION OF SIGN STANDARDS - NORTHGATE SHOPPING CENTER UNIT TWO - File 10-11 City Attorney, Fred Robbins, Jr. reviewed for the Council the action taken by Metromedia through its at- torney, Roger P. Garety, to appeal the decision of the Planning Commission of December 28th, 1971 on its adoption of the sign standards for Northgate Shopping Center Unit Two. Mr. Robbins had advised the City Clerk that it is his interpretation of the appeal section of the ordinance that anyone not residing in the City of San Rafael or having a place of business in the City of San Rafael and who does not have any direct connection with the action taken would have no standing to appeal to the City Council. Mr. Roger Garety addressed the Council asking to have the matter heard. Motion was made by Councilman Miskimen, seconded by Councilman Jensen, that the matter be placed on the agenda for the next Council meeting to decide if an appeal is in order. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: RE: FRANCISCO BOULEVARD PROPERTY - File 2-1-5 Mayor Bettini asked the City Council to rescind the action taken at the meeting of January 31st which would reopen the hearing. The City Attorney advised that to rescind the action would require unanimous vote. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to rescind the action of January 31st to reopen the matter. Ayes: Councilmen: Barbier, Jensen and Mayor Bettini Noes: Councilmen: Miskmen and Mulryan Absent: Councilmen: None Mr. William McDevitt discussed the overall effect of the exchange of easements on other properties in the area. He asked the Council to consider not only the three acres of city -owned property to the rear of Mr. Viglienzone's property but also the 13 acres of property in the vicinity wity all sorts of access pro- blems. At the conclusion of this presentation, Mayor Bettini asked if there was any desire on the Coun- cil's part to continue the matter to consider Mr. McDevitt's proposal. There was no motion to continue. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to proceed with an agreement with Mr. Viglienzone. Mr. Robbins presented the agreement. The matter was discussed and paragraph 6 under ''further covenants and conditions'' was deleted. Ayes: Councilmen: Barbier, Jensen, and Mayor Bettini Noes: Councilmen: Miskimen and Mulryan Absent: Councilmen: None An ordinance providing for the lease and sale of public real property to Hercules Viglienzone, and number- ing Charter Ordinance No. 1047 was read, introduced and ordered passed to print by the following vote, to - wit. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - File 6-22 Mr. Edwin N. Ness, the attorney in the proceedings for the East San Rafael Assessment District No. 1 ap- peared before the Council and explained the possible legal implications due to the conflict in the time for receipt of bids which were received and opened on January 20th, 1972. He recommended that all bids be rejected and the following actions were taken. RESOLUTION NO. 4146 - RESOLUTION REJECTING ALL BIDS, EAST SNA RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RESOLUTION NO. 4147 - RESOLUTION AMENDING RESOLUTION OF INTENTION IN THE EAST SAN RAFAEL ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALI- FORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4148 - RESOLUTION RESCINDING RESOLUTION NO. 4130, ENTITLED " RESOLUTION AND ORDER PRELIMINARILY ADOPTING ENGINEER'S REPORT, SETTING PUBLIC HEAR- ING THEREON, CALLING FOR BIDS AND SETTING PUBLIC HEARING ON THE FOR- MATION OF THE LEVEE MAINTENANCE DISTRICT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALI- FORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4149 - RESOLUTION DIRECTING FILING OF AMENDED ENGINEER'S REPORT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4150 - RESOLUTION AND ORDER PRELIMINARILY ADOPTING ENGINEER'S REPORT, SETT- ING PUBLIC HEARING THEREON, CALLING FOR BIDS AND SETTING PUBLIC HEAR- ING THEREON, CALLING FOR BIDS AND SETTING PUBLIC HEARING ON THE FOR- MATION OF THE LEVEEE MAINTENANCE DISTRICT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4151 - RESOLUTION CHANGING NAME OF PROJECT ENGINEER, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Counci I men :None Absent: Councilmen: None RE: ABANDONMENT OF EASEMENTS - File 2-12 Public Works Director, Norris Rawles reported that Mr. Ernest M. Beckstrom has requested the City to abandon an existing 10 foot P.U.E. along the side line of Lots 43 and 44 of Oak Woodlands Unit One Sub- division. RESOLUTION NO. 4152 - RESOLUTION OF INTENTION TO VACATE VARIOUS EASEMENTS. (10' Wide Public Utilities Easement between Lots 43 and 44 ''Map of Oak Woodlands Unit One) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PURCHASE OF ELEVEN 1972 DODGE POLARA 4 -DOOR SEDANS THROUGH THE STATE OF CALIFORNIA - File 4-2-93 RESOLUTION NO. 4153 - RESOLUTION AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: DEED FROM COUNTY OF MARIN FOR TAX DEEDED LAND - File 2-6 RESOLUTION NO. 4154 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Various Tax Deeded Lands) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ACCOUNTING, FINANCE PROCEDURES - File 8-13 An ordinance of the City of San Rafael amending Chapter 2.28, Section 2.28.060, payment, providing for payment by City Manager or Assistant City Manager, and numbering Charter Ordinance No. 1048 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: DEFERRED COMPENSATION PLAN - File 7-1 A plan to establish a deferred pay plan for city employees was presented and discussed. It was agreed to defer action on this plan until budget sessions. RE: ENCROACHMENT PERMIT - GUY DURYEE - 16 QUARRY ROAD - File 2-11 Public Works Director, Norris Rawles presented the request of Guy Duryee to construct reinforced con- crete wing walls six feet into the right-of-way as part of a driveway ramp connection for a new home site at 16 Quarry Road. Planning Commission action is not required for this permit. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Encroachment Permit No. 234 be granted subject to the conditions of Subdivision Act 68-23 and the issuance of a building permit. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT WITH DEPARTMENT OF FINANCE OF THE STATE OF CALIFORNIA FOR POPULATION ESTIMATE - 4-3-46 RESOLUTION NO. 4155 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Councilman Barbier left the meeting. RE: PARKS AND RECREATION DEPARTMENT - TRANSFER OF FUNDS -File 9-2-4 x 8-14 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to appropriate $1,000.00 from the unappropriated reserve for Recreation Department activites. Other fund requests of Parks and Recreation Director, Andrew J. Snyder were referred to the Parks and Recreation Commission. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier Councilman Barbier returned to the meeting. RE: INTERSECTION PLAN FOR BELLAM - JACOBY STREETS - File 11-15.1 Department of Public Works presented a preliminary plan for the future street connnection and intersec- tion at Bellam and Jacoby Streets. The Council discussed the plan and approved initiating a request to the Flood Realty Company to grant the right in the future right-of-way area to the City of San Rafael. RE: PROPOSED PLAN FOR CITY PARKING LOT UNDER HIGHWAY 101 BETWEEN THIRD AND FOURTH STREET - File 12-14 X Department of Public Works presented a preliminary plan for a parking lot under Highway 101 between Third and Fourth Street. After discussion, it was moved by Councilman Barbier, seconded by Councilman Jensen, to enter into an agreement with the State of California, Division of Highways and submit the plans to the Planning Commis- sion for approval. RESOLUTION NO. 4156 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ONE-WAY STREET PLAN - File 11-14 The Department of Public Works presented the plan for converting A, B, C, and D Streets to one-way traf- fic and reported that 80 parking meters will have to be relocated and new signing is required. The change -over will be accomplished approximately the middle of March. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to approve the plan and proceed with the work. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PROPERTY DAMAGE - TERRA LINDA HIGH SCHOOL - File 3-1 A 61aim was presented from Terra Linda High School for the cost of repair to a pool building damaged in November by a San Rafael Police Department employee. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to deny the claim and refer it to our insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PROPERTY DAMAGE - BRUCE THOMPSON - File 3-1 A claim from Bruce Thompson for damages to his automobile in an accident with the San Rafael Street Sweeper. Motion was made by Councilman Jensen, seconded by Councilman Mulryan to deny the claim and refer it to our insurance carrier. Ayes: Councilmen: Barbier,.Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Mulryan, to place Theodore Lindquist, Patrolman, Range 14a, Step A, $844.00 per month on the regular payroll effective February 12th, 1972. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ANNEXATIONS - File 5-2 In view of the proposed closing of San Quentin Prison, the staff was directed to make a study of what the City's position is with regard to the State's property so that our interests will be adequately protected. RE: ASSISTANT CITY MANAGER - File 7-5 Councilman Jensen suggested that a job description be drawn up for the position of Assistant City Manager. RE: SURVEY OF ALLARDT CANAL - File 2-1-6 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to authorize the Public Works De- partment to receive proposals from engineers and surveyors for a survey of Allardts Canal. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SOUTH SAN PEDRO ROAD PHASE IV - File 4-13-14 Director of Public Works, Norris Rawles reported that the County of Marin will take bids in April for grading and other preliminary work on the South San Pedro Road Project. RE: FIRE COMMISSION - File 9-2-5 Interviews with three applicants for the vacancy on the San Rafael Fire Commission were set for February 28th, 1972 at 7:30 P.M. RE: ENCROACHMENT PERMIT - 140. 142 AND 144 WOODLAND AVENUE - GEORGE STEINERT - File 2-11 x 4-11-42 RESOLUTION NO. 4157 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CITY -COUNTY PLANNING COUNCIL - File 4-13-24 Councilman Mulryan reported that the Tentative Marin General Plan has been adopted as a working guide only. The City -County Planning Council has given due consideration to the City Council's suggestions for changes. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated February 7th, 1972, and Advice on Payroll dated February 4th, 1972, 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 EQUIPMENT REPLACEMENT Payroll: GENERAL FUND PARKS FUND LIBRARY FUND $ 49,731.29 662.29 4,336.20 785.22 131,827.95 890.35 2,601.82 $ 190, 35.12 $ 121,911.50 5,130.00 5,318.47 $ 132,359.97 The Council adjourned to Monday, February 28th, 1972 at 7:30 P.M. in memory of William R. Keaton. RION A. GRADY, City Clerk Approves this -Wf Aday of /CB 19 7 Z- 6��1K,Z-7�6-d-l"CCC.G� MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, February 28th, 1972 at 7:30 P.M. Regular Adjourned Meeting: RE: FIRE COMMISSION - File 9-2-5 Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Absent: John A. Miskimen, Councilman City Council met in executive session to interview five applicants for the vacancy on the San Rafael Fire Commission. The meeting was publicly convened at 8:15 p.m. RE: APPROVAL OF MINUTES Motion was made by Councilman Barbier, seconded by Councilman Mulryan, and carried, the minutes of the regular meeting of February 7th,1972, a true and correct copy thereof having been submitted to each member, were approved. RE: PUBLIC HEARING - NATIONAL FLOOD INSURANCE PROGRAM - File 12-9 This i5 a continued public hearing from the meeting of January 315t, 1972. Director of Public Works, Norris Rawles reported that the staff met with members of the building industry and made minor changes from the originally proposed criteria for the National Insurance Program. He re- viewed the changes with the Council. Mr. Carl Brown representing Associated Home Builders of Marin County stated that the home builders are in perfect agreement with the ordinance as proposed. Mayor Bettini declared the public hearing closed. CHARTER ORDINANCE NO. 1049 - An ordinance of the City of San Rafael adding Title 18 to the Municipal Code of the City of San Rafael entitled ''Protection of Flood Hazard Areas'' was read, introduced and adopted by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: APPEAL OF SAN RAFAEL PLANNING COMMISSION'S ADOPTION OF SIGN STANDARDS - NORTHGATE SHOPPING CENTER UNIT TWO - File 10-11 Attorney, Roger P. Garety representing People's Gallery addressed the Council stating that his client is withdrawing the appeal from the decision of the San Rafael Planning Commission on adoption of sign stan- dards for Northgate Shopping Center Unit Two. He reviewed for the Council the action taken by the Plann- ing Commission in approving the sign standards prohibiting all freestanding signs except the two ''identi- fication'' signs for the shopping center as a whole, and the directional signs for the Northgate Theater; his subsequent appeal and the ruling of the City Attorney that in his opinion People's Gallery has no standing to appeal the standards adopted by the Planning Commission. Mr. Garety stated that the Plann- ing Director had made a ''threat'' that if the appeal were prosecuted, his client could be made to look bad throughout the State of California as the San Rafael ordinance will have wide distribution among other cities. He stated that the triosks have been removed from Units Two and Three of the Northgate Shopping Centers as the merchants in those centers are concerned with the signing for their own businesses and People's Gallery did not want to add to the problem. He would like to feel that at some future time People's Gallery could be a part of the advertising in this community. ***RE:FRANCISCO BLVD. PROPERTY ---------see page 237 RE: ACCOUNTING, FINANCE PROCEDURES - File 8-13 CHARTER ORDINANCE NO. 1048 - An ordinance of the City of San Rafael amending Chapter 2.28, Section 2.28.060. Payment, providing for payment by City Manager or Assistant City Manager, and numbering Charter Ordinance No. 1048 was passed and adopted as an ordinance of the City of San Rafael by the following vote to -wit: Ayes: Councilmen: Barbd er, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN - CALDWELL PROPERTY, 72 DE LA GUERRA ROAD - File 2 - RESOLUTION NO. 4158 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT. (Edwin T. Caldwell and Carlene J. Caldwell) Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: GRANT OF EASEMENT - 15 CASTLEWOOD DRIVE - File 2-4 RESOLUTION NO. 4159 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT. (Theodore E. Hecht and Dorothea Hecht) Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen '237 RE: FRANCISCO BOULEVARD PROPERTY - File 2 -1 - CHARTER ORDINANCE NO. 1047 - Ordinance providing for the lease and sale of public real property to Hercules IViglienzone, and numbering Charter Ordinance No. 1047 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini (Noes: Councilmen: None Absent: Councilmen: Miskimen RE: GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SANITARY SEWER - P. J. TARRANT CONSTRUCTION COMPANY, 1553 LINCOLN AVENUE - File 2-3 RESOLUTION NO. 4160 - RESOLUTION ACCEPTING GTANT OF SEWER EASEMENT. (P. J. Tarrant Con- struction Company) Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini �„- Woes : Councilmen: None Absent: Councilmen: Miskimen RE: COVENANT ON THREE LOT SUBDIVISION BETWEEN RESERVOIR ROAD AND WOOD STREET - RALPH McGRATH - File 4-11-73- RESOLUTION 11- 3RESOLUTION NO. 4161 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Ralph McGrath) Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: OPTION AGREEMENT WITH COUNTY OF MARIN ON COURT HOUSE PROPERTY - File 124 x 4-13-28 (RESOLUTION NO. 4162 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (County of Marin on Court House Property) es: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini es: Councilmen: None sent: Councilmen: Miskimen RE: PARKING ON NARROW STREETS - File 11-8 (Director of Public Works, Norris Rawless presented an ordinance which has the recommendation of the Traf- fic Committee relating to parking on narrow streets. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to adopt the ordinance amending Title 5, Chapter 5.40, Section 5.40.220. The effect that this regulation would have on persons with homes on narrow streets was discussed by members of the audience and after discussion, motion and second were withdrawn, and the matter was referred back to the Traffic Committee for further study. IRE: PARKS AND RECREATION DEPARTMENT - BUDGET ACCOUNT - File 8-14 x Motion was made by Councilman Barbier, seconded by Councilman Mulryan, to replace $1,787.00 from the un- appropriated reserve in the Parks and Recreation Division Account 92-242041002 for the cost of materials and supplies used in landscaping the old court house. yes: Councilman: Barbier, Jensen, Mulryan and Mayor Bettini oes: Councilmen: None bsent: Councilmen: Miskimen otion was made by Councilman Jensen, seconded by Councilman Barbier, to appropriate $5,200.00 from the nappropriated reserve to fund anticipated expenditures in connection with excursion trips and needed ecreation equipment and supplies. yes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini oes: Councilmen: None bsent: Councilmen: Miskimen IRE: REVISIONS TO INTERSECTION OF FREITAS PARKWAY AND FRONTAGE ROAD (EAST SIDE OF HIGHWAY 101) - File j 11-10 I Ely Caillouette, Jr. presented proposed new striping and signing revisions for the intersection of Freitas Parkway and the Frontage Road in order to provide better traffic flow. Motion was made by Councilman Mulryan, seconded by Councilman Barbier, to accept the proposal. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: STOP SIGNS ON MANDERLY AND LOCHINVAR ROAD - File 11-9 RESOLUTION NO. 4163 - RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. (On Manderly Road at Lochinvar Road - ''Four -Way Stop'' intersection) Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen �_16 V RE: STOP SIGNS ON TRELLIS DRIVE AT ESMEYER DRIVE - File 11-9 RESOLUTION NO. 4164 - RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. (On Trellis Drive at Esmeyer Drive) Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PURCHASE OF PROPERTY - File 2-7.1 RESOLUTION NO. 4165 - APPLICATION TO SECRETARY OF INTERIOR FOR CERTAIN REAL PROPERTY. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: LUCAS GREEN ANNEXATION - File 5-2-53 RESOLUTION NO. 4166 - RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF SAN RAFAEL OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED ''LUCAS GREEN ANNEXATION'', AND GIVING NOTICE OF TIME AND PLACE FOR HEARING THERETO. (April 17, 1972) Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: BOARD OF EDUCATION - File 9-2-1 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to accept with regrets the resigna- tion of Paul L. Jones from San Rafael School Board effective the School Board's last meeting in March, 1972. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: FIRE COMMISSION - File 9-2-5 Motion was made by Councilman Mulryan, seconded by Councilman Jensen, Daniel C. Dufficy be appointed to the vacancy on the Fire Commission and that a letter be sent to the other applicants expressing apprecia- tion of their interest and advising them that the applications will be kept on file. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: TRAFFIC CONTROL - ANTONETTE AVENUE - File 11-8 x 11-12 A letter from Claton S. Rice requesting traffic control on Antonette Avenue, a narrow roadway, and limit- ing parking and speeding was discussed by the Council and the matter continued to permit the Councilmen to see the problem on the site. RE: COMPLAINT OF DISTURBANCE AT 313 LAUREL PLACE - File 100 Mr. Karl E. Hoppe appeared before the Council and read a letter concerning a ''noisy party'' occuring at 313 Laurel Place on February 18th, 1972. Mr. Edwin S. Davis and Mr. Charles R. Kusich also spoke concerning the matter and questioned the handling by the Police Department of the illegal parking in the area. Chief of Police Joseph Brusatori invited the complainants to come to his office to listen to the tape of the many calls that were being handled by the Police Department at the time. The Council agreed that in the future, complaints of this kind will receive prompt attention even if it requires assistant from other law enforcement agencies. RE: SURVEY OF ALLARDT'S CANAL - File 2-1-6 Director of Public Works, Norris Rawles reported that he has been in contact with the State Lands Commis- sion for their criteria on the survey of Allardt's Canal and will have a recommendation for the Council soon. The matter was continued. RE: MARIN COUNTY TRANSIT DISTRICT - File 139 The request of the Marin County Transit District that the City of San Rafael subsidize the Greyhound Bus Terminal for a period of six months was considered and rejected. RE: ADVERTISING - NORTH BAY LABOR JOURNAL 1972 GOLDEN ANNIVERSARY EDITION - File 105 The City Council denied the request of the North Bay Labor Journal to place an ad in the Golden Anniversary Edition for the sum of $75.00. There are no funds available in the budget for this advertising. 2 r� 9 RE: REVERSION TO ACREAGE LOTS 10 THROUGH 29.E "BELLAM SUBDIVISION NO. 1" - File 5-1-203 A public hearing to consider the reversion to acreage of Lots 10 through 29 "Bellam Subdivision No. 1" was set for March 20th, 1972 at 8:00 o'clock P.M. RE: CLAIM FOR PROPERTY DAMAGE - A. J. RING - File 3-1-5 A letter from Mr. Neil R. Brixon of the Elite Rug Cleaners with an itemized statement for repairs to carpet and floors damaged by raw sewer in the amount of $4,192.20 was presented to the Council. The statement indicated that $2,192.20 had been paid by Continental Insurance Company and the balance due from the city is $2,000.00. Mr. Brixon was to be advised that no claim had been filed by Mr. A. J. R,i,ng whose property was damaged, and that the Council has no authority to authorize payment. RE: CLAIM FOR DAMAGES - HARRY COWAN DBA POORMANS GALLERY - File 3-1-4 Claim for damages to a 1969 Econoline in the amount of $118.19 caused by colliding into a city tree which is tilted and protrudes partly onto the roadway was presented. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to deny the claim and refer it to the City's insurance carrier. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: H.U.D. SEWER GRANT AGREEMENT - PROJECT NO. WS -CALIF. 358 - File 4-10-49 Director of Public Works, Norris R gales reported on the grant from the Federal Government of an addition- al $225,000.00 for the reconstruction of sewers. RE: PLANNING MATTERS, GENERAL - File 10-2 A letter from Mont Marin Homeowners Association asking for a moratorium on the Pimental Ranch was re- ferred to the Planning Commission for its recommendation. The Planning Commission was requested to consider the updating of the slope ordinance. RE: SIGNS - File 125 x 10-11 The Planning Department was asked to look into the "Standard Paint Sign" in particular and the control on color of signs generally. The Council discussed the policy of permitting a new owner of a business to utilize a nonconforming sign for the amortization period which would have been allowed the original owner. It was the consensus that the sign ordinance requirements should take effect immediately and the Senior Planner, Charles Linthicum, was instructed to take the matter to the Planning Commission for action. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated February 28th, 1972, and Advice on Payroll dated February 18th, 1972, and now on file in Fisance 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 Payroll: Council adjourned. GENERAL FUND PARKS FUND LIBRARY FUND $ 12,551.10 196.75 2,328.18 440.20 4,362.91 2,096.16 5,492.74 $ 27, 68.0 $ 119,006.67 5,211.84 5,204.55 $ 129, 23.0 MARION A. GRADY, City Clerk Approved this __A_day of ,&"I le, Z 19 _7 Z--- MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, March 13th, 1972 at 8:00 P.M. Regular Adjourned Meeting: ALL MEMBERS OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, CALIFORNIA, being absent from the regular adjourned meeting of said City Council which was to be held on March 13, 1972, at 8:00 p.m. in the Council Chambers, City Hall, 1400 Fifth Avenue, San Rafael, California, the undersigned hereby orders and declares said meeting adjourned to 8:00 p.m. on March 20, 1972, in said Council Chambers DATED: March 13, 1972• MARION A. GRADY - Clerk ofIffie San Rafael City Council In the Council Chambers of the City of San Rafael, Monday, March 6th, 1972 at 8:00 P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: APPROVAL OF MINUTES Motion was made by Councilman Jensen, seconded by Councilman Mulryan, and carried, the minutes of the regular adjourned meeting of February 28th, 1972, a true and correct copy thereof having been submitted to each member, were approved. RE: PUBLIC HEARING - ABANDONMENT OF PUBLIC UTILITY EASEMENT - LOTS 43 AND 44 OAK WOODLANDS UNIT ONE - File 2-12 Mayor Bettini declared the hearing open. Director of Public Works, Norris Rawles reported that Mr. Ernest M. Beckstrom had requested an existing 10 foot wide public utility easement along the side line of lots 43 and 44 in Oak Woodlands Unit One Subdivision be abandoned. The Council has adopted its resolution of intention to vacate the easement which has been duly posted. There being no one else present wishing to discuss the matter, the Mayor declared the hearing closed. RESOLUTION NO. 4167 - RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT FOR CONSTRUCTION OF REST ROOM FACILITIES FOR THE SAN RAFAEL PUBLIC LIBRARY - File 4-3-47 x ,)_ RESOLUTION NO. 4168 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Andrew James Ring, III) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SLOPE ORDINANCE - File 10-2 Planning Director, Herbert G. Hotchner reported that the Planning Commission considered an interium apr- proach to the further development of steep slopes and in order to permit more time for study has recom- mended a six-month moratorium on any development on a slope of 26 per cent or more. He presented the Planning staff views on amending the slope ordinance to add to the present requirements that a 40 to 50 per cent slope would require a lot area of one acre and above 50 per cent, two acres. After much dis- cussion, it was moved by Councilman Mulryan to amend the slope ordinance to delete all requirements for lot size for six months and consider everything that comes before the Council on an individual basis. There was no second to this motion. Motion was made by Councilman Mulryan, seconded by Councilman Jensen, to pass an urgency ordinance to in- clude the compromise slope requirements as depicted by the graph presented by Planning Director, Herbert Hotchner. Ayes: Councilmen: Mulryan Noes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Absent: Councilmen: None Motion was made by Councilman Barbier, seconded by Councilman Jensen, that the six-month moratorium on new construction where there is a slope of 26 per cent or more be denied and the Planning Commission start proceedings to review the matter and hold public hearings. RE: NINETY (90) DAY MORATORIUM - PIMENTEL RANCH PROPERTY AND TWO P. C. ZONED AREAS OF SAN RAFAEL PARK - File 10-2 Monte Marin Homeowners have requested that a ninety (90) day moratorium be created on the balance of the Pimentel Ranch property and the two P.C. zoned areas of San Rafael Park in order to given them time to form an assessment district to obtain the land for open space. Mr. Rubin Glickman and Mr. Gerry Mei sIen, owners of the Pimentel Ranch stated that this would cause them at least a years delay. After discussion, it was moved by Councilman Barbier, seconded by Councilman Miskimen, to continue the matter to the meeting of March 20th to permit the Monte Marin Homeowners and owners of the property in- volved to reach an agreement on the value of the property. Ayes: Councilmen: Barbie r, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: Jensen Absent: Councilmen: None tnat the neighbors "'Or-rY nad not objected to the variance but the planning department RE: AMENDMENT TO SECTION 15.16.060 SUBDIVISION ORDINANrF - c:1- 1^ - C", A tter had found no justification for the variance. after hearing the mahe could add to his Mr. Melvyn Croner addressed the Council stating that he felt this was the only way house and thus remain in the neighborhood. Mayor Bettini declared the hearing closed. to deny the appeal and uphold the ac - Motion was made by Councilman Mulryan, seconded by Mayor Bettini, tion of the Planning Commission. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: Barbier Absent: Councilmen: None RE: PUBLIC HEARING - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT N0. File 6-22 1 - public The Council set Monday, March 27th, 1972 at 8:30 P.M. as an adjourned regular meeting for a hearing in the East San Rafael Drainage Assessment District No. 1. RE: COMPLAINTS - BURGLARY - File 100 Mrs. Leon Pierson, Marinita Avenue addressed the Council colto takemthe matterguprwithll them. resi- dente in recent months and was referred to the police department RE: LEAGUE OF WOMEN VOTERS - File 9-5-L ed Ann Batman, President of the League of Women Voters of Central Mthe nmornungtof Junel8th�n197use the 2 Council Chambers for a public meetin on solid waste disposal Motion was made by Councilman Barbier, seconded by Councilman Jensen, to deny the request. Ayes: Councilmen: Barbier, Jensen, and Mayor Bettini Noes: Councilmen: Miskimen and Mulryan Absent: Councilmen: None PIMENTEL RANCH PROPERTY AND TWO P. C. ZONED AREAS OF SAN RAFAEL PARK - File RE: NINETY -DAY MORATORIUM - 10-2 Mulr an suggested that as he lives in the areas to be discussed there may be objection to his Councilman Y being present. ience if anyone had objections to Mr. Mulryan sitting on the matter and there Mayor Bettini asked the aud were none expressed. Planning Director, Herbert G. Hotchner briefed the Councion the forltheotenhacresnnowgbeinglsubdivlided. requesting the ninety day moratorium on the Pimentel Ranch Russom representing the Mont Marin Homeowners stated dthat they f San interRafaeested in acquiring only Mr. Jerry P T the 163 acres of the Pimentel Ranch and not the two P. C. zone � upported the Mont Marin Homeowners in requesting Representatives of various homeowner groups in the area s T the ninety -day moratorium. Ruebin Glickman stated that any delay would cause them to lose the developer is now working on Mr. proceed with the development plans. the project, and asked that they be allowed to p After discussion, it was moved by Councilman Miskimen, seconded by Councilman Barbier, to apply a ninety- day moratorium to the Pimentel Ranch to allow the City's staff to see if a change of zoning is desirable. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: Jensen Absent: Councilmen: None RE: MARIN COUNTY COURT HOUSE PROPERTY - File 124 Albert Bianchi addressed the Council to explain a plan for the proposed development of the court Mr will be made tomorrow. He introduced members of the house square and announced that the formal proposal the project. Drawings were shown to in- firm n- firm of McKeon Construction Company and also the architects for dicate the building proposed in relation to the other buildings in the vicinity. nr-AAIITARV CFWFR RECONSTRUCTION PROJECT, PHASE II, WS -CALIF -358 - File 4-1-189 RESOLUTION NO. 4170 - RESOLUTION OF AWARD OF CONTRACT. (Kirkwood-Bly, Inc.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL CAYES UNIT ONE - File 6-19 41 1 - RESOLUTION EXTENDING TIME FOR COMPLETION OF IMPROVEMENT WORK. (March 15th, 1973) RESOLUTION N0. 7 Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ABANDONMENT OF EASEMENT - 20 OAKMONT COURT - File 2-12 RESOLUTION NO. 4172 - RESOLUTION OF INTENTION TO VACATE VARIOUS EASEMENTS. (Public Hearing April 17th, 1972) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ABANDONMENT OF EASEMENT - PORTION OF AUBURN STREET RIGHT-OF-WAY - File 2-12 RESOLUTION NO. 4173 - RESOLUTION OF INTENTION TO VACATE VARIOUS EASEMENTS. (Public Hearing April 17th, 1972) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: VIADUCT PARKING LOT (THIRD TO FOURTH STREETS) - File 12-14 x 4-8-14 x 4-1-190 RESOLUTION NO. 4174 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR U.S. 101 VIADUCT PARKING LOT BETWEEN THIRD AND FOURTH STREETS, PROJECT NO. 9322-72.140. (Bid opening April 10th, 1972 at 10:00 o'clock a.m.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and MayorBettini Noes: Councilmen: Non e Absent: Councilmen: None RE: ENCROACHMENT PERMIT - 37 LOS ROBLES DRIVE - File 2-11 City Engineer, Ely CaiIlouette, Jr. stated that Beacock & Maxson Realty, owneers of a new home site at 37 Los Robles Drive request permission to construct concrete retaining walls and appurtenances 13 feet into the right-of-way to support driveway ramp connection. Planning Commission approval is not required and the Public Works Department recommends approval. Motion was made by Councilman Barbier, seconded by Councilman Mulryan, Encroachment Permit No. 236 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ANNEXATION POLICY GUIDELINES - File 5-2 A memo to the Mayor and City Council dated March 15, 1972 proposing annexation policy guidelines was presented to the Council by City Manager, James H. McCown. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to adopt the annexation policy guidelines as presented. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: VALDEZ ANNEXATION - File 5-2-24 A petition for annexation of a parcel of land by Gabrielle S. Valdez, 100 Bayview Drive, San Rafael, having been approved by the Local Agency Formation Commission was presented to the Council. An ordinance of the City of San Rafael approving the annexation to said City of certain uninhabited territory to be known as the "Valdez Annexation", and numbering Charter Ordinance No. 1051 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL BOARD OF EDUCATION - File 9-2-1 City Manager, James McCown reported that the application for appointment to the San Rafael Board of Education had been closed as of today. The Council agreed to interview candidates on March 27th, 1972 at 7:00 o'clock P.M. RE: REPORT OF BOARD OF REVIEW - SANDRA HOKE - File 7 -5 --.?S 9-2-12 City Manager, James H. McCown reported that the Council has been furnished with the results of the hearing of the Board of Review in the case of Sandra Hoke. Motion was made by Councilman Miskimen, seconded by Councilman Jensen, to approve the recommendation of the Board of Review. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None FIRE COMMISSION - File 9-2-5 The Council then discussed the L6vee Maintenance District and directed that the proceedings be amended to provide for a maintenance district to cover all drainage tterwas facilities,nuethe bounApridaries 1972which district would encompass the entire assessment district. Council adjourned. (9 Cc MARION A. 3RADY, City Clerk Approved this day of 19 MAYOR OF THE CITY F SAN RAFAE In the Council Chambers of the City of San Rafael, Monday, April 3rd, 1972 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman 12) 4 Motion was made by Councilman Jensen, seconded by Councilman Barbier, and carried, the minutes of the regular meeting of March 20th, 1972, a true and correct copy thereof having been submitted to each member, were approved. RE: PUBLIC HEARING - PROPOSED PREZONING CHANGE C -P (PLANNED COMMERCIAL) DISTRICT TO A -P (ADMINISTRATIVE - PROFESSIONAL) DISTRICT - 32 NORTH SAN PEDRO ROAD - File 10-3 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner informed the Council that they had before them the information relative to the prezoning of a parcel of land in the unincorporated area of Marin which had been unani- mously approved by the Planning Commission. Mr. David Wade asked for an explanation of the reason for changing the zoning and was informed by Mr. Hotchner that if the property is annexed to the City of San Rafael, the zoning would automatically be- come "unclassified" unless the prezoning takes place. Mr. Robert Murphy of the law office Bagley, Bianchi, and Sheeks representing the applicant was present at the hearing. Mayor Bettini declared the hearing closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Sec- tion 14. 15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from C -P (Planned Commercial) District to A -P (Administrative -Professional) District, and numbering Charter Ordinance No. 1052 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL ON SUBDIVISION - GORDON EHRMAN PROPERTY AT 148 BRET HARTE ROAD - File 10 - Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner stated that the applicant, Gordon Ehrman, was asking for a lot split on a steep down slope which would create a lot 100 feet in width on a 60% slope which is not con- sistent with the requirements of the Slope Ordinance. The Planning Commission voted approval of this lot split. The applicant has submitted a plan showing a ramp access to the lot and has, through his engineer, Mr. Selmi, indicated that he feels that this is the basis for a reasonable and realistic ac- cess to an adequate building site, and a lot with lesser width and area than required by the percent of slope may be allowed if we believe the proposed subdivision conforms to this statement. Previously the Council indicated to the Planning Commission that it felt the Planning Commission should adhere tightly to the requirements of the Slope Ordinance. If this is approved on the basis of a ramp access then the precedent is being created whereby on any down slope it would be legitimate for a person to say we could ignore the width requirements of the lot if they were to use a ramp access pattern. Mr. Gordon Ehrman stated that he has been assessed for two sewer assessments because the sanitation dis- trict felt he had two lots. Variances have been granted during the past six years to other homeowners along Bret Harte Road. Mr. Ehrman read a letter from the Board of Directors of the Bret Harte Homeowners Association urging that the appeal be granted, and a petition from 33 families in the immediate vicinity who state that they have no objection to a lot split. Mr. Dominic Selmi representing Mr. Ehrman stated that the sewer assessment had been levied prior to the existence of the Slope Ordinance. Mayor Bettini declared the hearing closed. After discussion by the Council, it was moved by Councilman Jensen, seconded by Councilman Barbier, that the appeal be granted and the subdivision permitted. Ayes: Councilmen: Barbier and Jensen Noes: Councilmen: Miskimen, Mulryan and Mayor Bettini Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - WINTERGREEN TERRACE - File 10-8 The Council set Monday, April 17th, 1972 at 8:00 o'clock P.M. as the time and date for hearing the ap- peal on the tentative Lsubdivision map (Las Col indas II) extension of Wintergreen Terrace. RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - File 6-22 RESOLUTION NO. 4176 - RESOLUTION AMENDING RESOLUTION OF INTENTION, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Aves: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4177 - RESOLUTION DIRECTING FILING OF A SECOND AMENDED ENGINEER'S REPORT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None THE SECOND AMENDED ESTIMATE OF COST, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA was accepted and ordered placed on file. THE SECOND AMENDED ENGINEER'S REPORT AND ASSESSMENT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA was approved and confirmed and ordered placed on file. WAIVERS FROM PROPERTY OWNER WAIVING HEARING ON THE INCREASE IN THE AMOUNT OF ASSESSMENTS AS SHOWN ON THE SECOND AMENDED ENGINEER'S REPORT were accepted and ordered placed on file. RESOLUTION NO. 4178 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE PACIFIC GAS AND ELECTRIC COMPANY, IN CONNECTION WITH EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. It was regularly moved, seconded and passed that this resolution be adopted subject to the agreement be- ing approved by the City Attorney and special counsel for the East San Rafael Drainage Assessment District No. 1. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4179 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, IN CONNECTION WITH EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4180 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE MARIN MUNICIPAL WATER DISTRICT, IN CONNECTION WITH EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4181 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL SANITATION DISTRICT, IN CONNECTION WITH EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None BOUNDARY MAP OF PROPOSED DRAINAGE MAINTENANCE DISTRICT accepted and ordered placed on file. RESOLUTION NO. 4182 - RESOLUTION APPROVING DRAINAGE MAINTENANCE DISTRICT BOUNDARY MAP, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4183 - RESOLUTION OF INTENTION TO FORM A DRAINAGE MAINTENANCE DISTRICT, SETT- ING TIME AND PLACE OF HEARING THEREON AND ABANDONING PROCEEDINGS FOR THE FORMATION OF A LEVEE MAINTENANCE DISTRICT IN EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4184 - RESOLUTION AND ORDER APPROVING SECOND AMENDED ENGINEER'S REPORT, ORDER- ING THE IMPROVEMENTS AND ACQUISITIONS TO BE MADE AND CONFIRMING ASSESS- MENT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None 251 RESOLUTION NO. 4185 - RESOLUTION AUTHORIZING CHANGES IN THE WORK TO BE MADE BY THE ENGINEER OF WORK OF EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: RESOLUTION NO. 4186 - RESOLUTION FIXING DATE OF BONDS AND DIRECTING PUBLICATION OF OFFICIAL NOTICE INVITING BIDS FOR PURCHASE OF BONDS, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None OFFICIAL NOTICE INVITING BIDS FOR THE PURCHASE OF BONDS, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA, UNDER THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913 AND THE IMPROVEM_NT ACT OF 1915 was approved and ordered placed on file. RE: FIRE PROTECTION TERRA LINDA AREA - File 9-3-31 A letter from the San Rafael Fire Commission recommending an additional fire station in the Terra Linda area was briefly discussed and the matter put over to the time for considering the capital improvement budget for 1972-73 fiscal year. RE: VALDEZ ANNEXATION - File 5-2-54 CHARTER ORDINANCE NO. 1051 - An ordinance of the City of San Rafael approving the annexation to said City of certain uninhabited territory to be known as the ''Valdez Annexation'', and numbering Charter Ordi- nance No. 1051 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SENIOR CITIZENS - RECREATION PROGRAM - File 123 Representatives of the Goldenaires, San Rafael Senior Citizens, were present. Dr. C. B. Musante, Mr. Jack Roberts and Mr. Harry Simpson addressed the Council asking for additional spaces for parking at the Recreation Center on the Court House square. The City Council agreed to give them the entire 26 spaces in the lower parking lot. The Goldenaires discussed the needs for a building for their use and the mat- ter was referred to the Parks and Recreation Commission for study. RE: TELEPHONE BOOTHS AT FOURTH & HETHERTON STREETS - File 121 x 137 The City Council discussed the location of telephone booths being installed at Fourth and Hetherton Street and directed the Director of Public Works to work out the details with the Telephone Company and fit the booths into our landscaping plans. RE: GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICTS - File 11),-2 RESOLUTION NO. 4188 - RESOLUTION ENDORSING THE GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTA- TION DISTRICT TRANSIT ACTIVITIES TO DATE AND THE PLANS FOR EXPANSION IT HAS MADE AND EXPRESSING THE HOPE THAT THE DEPARTMENT OF TRANSPORTA- TION WILL ACT FAVORABLY UPON THE DISTRICT'S APPLICATIONS FOR CAPITAL FUNDS FOR BOTH ITS BUS AND FERRY FLEET. Ayes: Councilmen: Barmier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CALIFORNIA COMMUNITY REDEVELOPMENT ACT - File 140 The City Manager's office -pias instructed to invite Mr. Steven Goldfarb, redevelopment attorney to appear before the City Council to discuss the matter of community redevelopment in San Rafael. RE: ANNEXATION -SPHERE OF INFLUENCE - File 5-2 City Manager, James McCown reported on the request of the Local Agency Formation Commission that the City supply information on wh at constitutes San Rafael's sphere of influence. After discussion, the Council agreed that the General Plan planning area which includes the City of San Rafel, and those lands adjacent to it that are of direct concern to its development, that is, the entire drainage basin of Gallinas creek and all of the lands draining into San Rafael creek. The northern, eastern and southern boundaries are marked by the ridge lines forming the boundareis of these drainage areas and on the east the planning area extends to the deep waters of San Francisco, Bay. In addition, the Council felt that the Point San Quentin Peninsula should be included in the sphere of influence. Motion was nade by Councilman Jensen, seconded by Councilman Barbier, to acknowledge this plan as the San Rafael sphere of influence. Ayes: Councilmen: Barbier,Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: MARIN COUNTY COURT HOUSE PROPERTY - File 124 Mayor Bettini reported that the offer of McKeown Construction Company, Inc. on the Court House property had been extended to April 15th, 1972. RE: PERSONNEL - PARKS AND RECREATION DEPARTMENT - File 9-3-66 City Manager, James McCown reported that he had scheduled interviews for tomorrow morning to fill the vacancies in the Parks and Recreation Department. RE: SIGNS AND BILLBOARDS - File 125 In the matter of billboards along Highway 101 it was moved by Councilman Mulryan, seconded by Councilmani Barbier, to put the owners of the billboards on notice that they are not complying with the sign ordi- nance and send a copy to the advertisers. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to place David H. Jensen on re- gular monthly payroll as Radio -Telephone Operator, Range 10, Step A, $690.00 per month, effective April 4th, 1972. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, to place Lillian M. Parkinson on regular monthly payroll as Typist Clerk 1, Range B, Step A, $452.00 per month, effective March 29th, 1972. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PACIFIC TELEPHONE COMPANY - File 121 Councilman Barbier was questioned about the emergency "911" number being provided for the citizens of the City of San Rafael. He informed that this was at a cost to the taxpayer and to the City but that if the people in the community want it, the telephone company will inaugurate the program. RE: GLENWOOD STORM WATER PUMP STATION SITE - File 2-1-40 x 2-4 RESOLUTION NO. 4187 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH SAN RAFAEL DISTRICT AND ACCEPTING CONVEYANCE OF GLENWOOD STORM WATER PUMP STATION SITE AND 15 FOOT STORM SEWER EASEMENT. AYES: Councilmen: Barbier, Jensen, Miskimen, Mu1ryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SIGNS - File 125 City Manager, James McCown was instructed to put the various condidates for public office on notice where their signs are in violation of the San Rafael Municipal Code. The candidates were to be informed that they had a certain time within which to remove the signs or the City will remove them and charge for the removal. RE: LANDSACPING MONTECITO SHOPPING CENTER - File 10-2 City Planning Director, Herbert G. Hotchner was requested to contact the owners of the Montecito Shopp- ing Center and ask them to bring landscaping up to the standards to which they had agreed. The Council adjourned to executive session to discuss a personnel matter and to continue interviews with candidates for the San Rafael Board of Education. RE: SAN RAFAEL BOARD OF EDUCATION - File 9-2-1 Mr. Paul K. McMullen was appointed to the San Rafael Board of Education to fill the unexpired term of Paul L. Jones. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated April 3rd, 1972, and Advice on Payroll dated April 5th, 1972, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARK FUND LIBRARY FUND PARKING DISTRICT CAPITAL IMPROVEMENT STORES REVOLVING FUND EQUIPMENT REPLACEMENT Payroll: Council adjourned. GENERAL FUND PARKS FUND LIBRARY FUND $ 28,673.92 1,545.68 13,881.75 447.00 117,067.74 322.88 1,787.06 $ 163,726.03 $ 125,783.61 581.00 5,373.77 $ 136,967-38 MARION A. GRADY, City Clerk Approved this '� /L day of 19_. J CGGC ''dz ee��z MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Wednesday, April 12th, 1972 at 8:00 o'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: CALIFORNIA COMMUNITY REDEVELOPMENT LAW - File 140 Mr. Steven H. Goldfarb of the law firm of Goldfarb and Owens discussed with the City Council the pros and cons in the community redevelopment approach as a financial tool for use in connection with down- town and general commercial revitalization and for the construction of needed public facilities. After discussing the matter at some length, the Council indicated its interest in receiving data on the financial aspects of community redevelopment and information on what area or areas might be likely for inclusion in the redevelopment project boundaries. RE: PERSONNEL - File 7-5 The Council met in executive session to consider action against a City employee and it was regularly moved, seconded and carried that Mr. Larry Petretti be suspended in accordance with Section 10 of the Personnel Rules and Regulations of the City of San Rafael. Council adjourned. MARION A. GRADY, City Clerk &� Approved this /_i/ day of 19 %Z MAYOR OF THE CMT OF SAN RAFAEL