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HomeMy WebLinkAboutMinutes 1960-1965 pt. 3In the Council Chambers of the City of San Rafael, Monday, December 4th, 1961 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman On motion of Councilman Jensen, seconded by Councilman Menary, the minutes of November 20th, 1961, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: PUBLIC HEARING - RUDOLPH LAND - GASOLINE MARKETEERS INC. -DECISION OF PLANNING COMMISSION -REZONING FILE 10-3 Public hearing on appeal of Rudolph Lang and Gasoline Marketeers Inc. from decision of Planning Commission relative to rezoning southwest corner of Miracle Mile and Greenfield Avenue which was continued from meeting of November 20th was declared opened. City Planner, James Garrett presented maps and drawings, explained present zoning in the area and briefed the Council on recommendations of the Planning Commission. Supervisor of Public Works, Norris Rawles presented report and recommendation of the Traffic Committee on traffic conditions. Brian McCarthy, attorney, and John Buresh, attorney, appeared and spoke on behalf of Rudolph Lang and Gasoline Marketeers, Inc. The following persons spoke in opposition of the rezoning: Mr. Richardson, 35 Greenfield, Mr. Clark, Mr. Menges, Mr. Roach, 108 Greenfield, Mrs. Faust, Mr. and Mrs. Van Ness, 30 Green- field, Mrs. Frances Brown, 31 Greenfield, and Frank Miner, 112 Greenfield. Public hearing was closed. On motion of Councilman Jensen, seconded by Councilman Baar, the appeal was denied and the decision of the Planning Commission was upheld. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: LICENSE & PERMITS File 9-10 Harry Newell of Harry's Kustom Trees, spoke to the Council and his letter was presented requesting the use of sidewalks for display of Christmas trees. The request was denied by the Council. RE: COVERING OF DRAINAGE DITCH BETWEEN MARQUARD AND DUNAND AVENUES File 12-9 Petition of property owners in the vicinity of West End Avenue and Miracle Mile requesting installation of culvert and covering of drainage ditch between Marquard and Dunand Avenues was presented. Mr. C. Marelli spoke to the Council on the matter. Referred to Public Works Department for study. RE: NORTHWESTERN PACIFIC RAILROAD COMPANY - ABANDONMENT OF SERVICES File 117 Mr. A. E. Bagshaw, City Attorney presented and read a resolution requesting an early hearing by Interstate Commerce Commission relative to Northwestern Pacific Railway abandonment. RESOLUTION NO. 2549 - REQUEST EARLY HEARING BY INTERSTATE COMMERCE COMMISSION RE NORTHWESTERN PACIFIC COMPANY RAILROAD ABANDONMENT. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FINAL MAP LOCH LOMOND UNIT 7 File 5-1-105 Final map of Loch Lomond Unit 7 Subdivision was presented. RESOLUTION NO. 2550 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED ''LOCH LOMOND UNIT SEVEN" Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: GRACELAND PARK SUBDIVISION Item withheld. RE: VARIANCE PERMIT NO. 560 - DR. CRAIG R. HOPE File 10-4 The Council set public hearing on appeal from decision of Planning Commission on variance permit No. 560 by Dr. Hope for 8:00 o'clock P. M., December 18th, 1961. Letter of Chamber of Commerce expressing appreciation for the cooperation of the City in putting up Christmas decorations was presented. RE: DIVISION OF HIGHWAYS AUCTION OF LANDS Fi.le 9-11-4 •r Notice of State Division of Highways relative to disposal of certain land by auction sale was presented and noted by the Council. RE: WHITE OAKS UNIT 2 ASSESSMENT DISTRICT File 6-9 RESOLUTION NO. 2551 - RESOLUTION AUTHORIZING SALE OF BONDS Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None' RE: PARKING File 11-8 Petition of property owners on Laurel Place requesting Council's consideration of prohibiting parking on north side of Laurel between Nye and Wilkins Street was presented. Referred to Traffic Committee. RE: SAFETY COMMISSION File 9-2-11 Resolution to establish a City Safety Commission was presented and explained by Joe Rodota, Chairman for the Safety Commission. RESOLUTION NO. 2552 - RESOLUTION ESTABLISHING THE SAN RAFAEL CITY SAFETY COMMISSION AND PRESCRIBING THE DUTIES THEREOF. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated December 4th, 1961, and now on file in the Clerk's office to which reference is hereby made for further particulars: Council adjourned. GENERAL FUND $ 18,385.04 PARKS FUND 344.83 EMPLOYEE RETIREMENT FUND 6,667.57 EQUIPMENT & REPLACEMENT FUND 249.03 RAFAEL RACQUET CLUB ESTATES UNIT 25,658.14 TWO WOODLAND AVENUE ASSESSMENT DIST. 4,949.79 $ X6,254.40 - . MRA ; i Clerk Approved this day of;//",//-, `� l9 MAYOR OF THE CITY OF SAN RAFAEL a - In the Council Chambers of the City of San Rafael, Monday, December 18th, 1961 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman On motion of Councilman Jensen, seconded by Councilman Aby, the minutes of December 4th, 1961, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: PUBLIC HEARING - VARIANCE PERMIT NO. 560 - DR. CRAIG R. HOPE File 10-4 Public hearing on appeal from decision of Planning Commission by Dr. Craig R. Hope on Variance permit No -560 was declared opened. City Planner, James Garrett briefed the Council on action before the Planning Commission. Dr. Hope appeared before the Council explaining his reasons for applying for the variance. No one appearing in opposition, public hearing was closed. Councilman Baar moved, seconded by Councilman Aby to overrule the decision of the Planning Com- mission and grant the variance. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PROPOSAL TO LEASE CITY PROPERTY - SAN RAFAEL YACHT CLUB File 2-10 Mr. Les Simmonds and members of the San Rafael Yacht Club appeared with a proposal to lease property on the San Rafael Canal turning basin adjacent to the Richfield Oil Company area, pre- senting a plan of the proposed building to be erected on the site. After discussion by the Council, the matter was referred to the City Manater to advertise for proposals to lease the property. RE: ENCROACHMENT PERMIT - P. L. FRIENDSHUH File 2-11 City Engineer, Dominic Selmi explained a request to encroach over a portion of Lisbon Street for a roof canopy by P. L. Friendshuh. On motion of Councilman Menary, seconded by Councilman Jensen, the Council authorized issuances of the encroachment permit. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT - MANNING PARK File 2-11 City Engineer, Dominic Selmi explained a request for extension of patio slab into San Pedro Road widening strip by Mr. Manning Park informing the Council that the Public Works Department recommended against granting of the encroachment permit. Mr. Park informed the Council of his reasons for requesting the encroachment, expressed his willingness to remove the encroachment at city's request. Councilman Aby moved, that request be denied. There was no second to the motion. On motion of Councilman Jensen, seconded by Councilman Menary, it was moved that the application of Manning Park for an encroachment permit be granted, upon condition that applicant in considera- tion thereof, execute the acknowledge an agreement that said encroachment will be removed upon thirty days written notice by City so to do and that applicant, his successors and assigns waive any claim to damages which applicant's property may sustain, by reason of it's removal and con- sent to City removing encroachment upon failure of owner so to do; said agreement to be binding upon subsequent owner's applicant's property, in a form to be approved by City Attorney, and that it be recorded at expense of applicant. Ayes: Councilmen: Baar, Jensen and Menary Noes: Councilmen: Aby and Mayor McInnis Absent: Councilmen: None RE: FRONTAGE ROAD VICINITY OF TERRA LINDA OVERHEAD File 11-16 City Engineer, Dominic Selmi presented a notice by the State Division of Highways of Inten- tion to relinquish portion of State Highway in the vicinity of Terra Linda Overhead informing they Council that it was necessary for the City Clerk to ackno�jledge receipt of the Notice of Intention and that the notice and documents were filed in the Public Works Department. The Council authorized the City Clerk to receipt for the documents. RE: THIRD STREET WIDENING File 11-15 City Engineer, Dominic Selmi presented Plans of the proposed Third Street widening showing right-of-way to be acquired near the Third and Union Streets Fire Station site. On motion of Councilman Aby, seconded by Councilman Baar, the Council by unanimous vote authorized the Public Works Department to negotiate for purchase of property necessary for the right-of-way. IL RE: REZONING TERRA LINDA MEADOWS File 10-3 The Council set date for Public Hearing on proposed rezoning of Terra Linda Meadows for 8:00 o'clock P.M., Tuesday, January 2, 1962. RE: COUNTY WIDE MUTUAL AID CONCERNING FIRE PROTECTION File 9-3-31 The Council was notified by -the Fire Commission that Terra Linda Community is in the County Wide Mutual Aid Agreement concerning fire protection. RE: FIRE DEPARTMENT Pursuant to recommendation of the Fire Commission, on motion of Councilman Jensen, seconded by Councilman Aby, the Council appointed Vance Trivett as Fire Chief for a period of four (4) years from the end of his probationary appointment period. RE: BUDGET APPROPRIATION AND SALARY INCREASE File 8-5 x 7-3 On motion of Councilman Jensen, seconded by Councilman Menary, the Council authorized a 2'—z% pay increase to all employees on the regular payroll other than elected officials and with the following exceptions. J. Wicks, Planning Department salary increase to $475.00 W. L. Morgan, Finance Officer salary increase $25.00 per month J. Hembree, Engineering Department, salary increase to $563.00 Thomas Orovich, Engineering Department, salary increase to $494.00 Harold Maxwell, Engineering Department, salary increase to $494.00 Ayes: Councilmen: Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: Aby Absent: Councilmen: None On motion of Councilman Menary, seconded by Councilman Jensen, the Council authorized appropriation from unappropriated surplus to budget accounts affected, the amounts necessary for the 22% pay increase from January 1, to June 30th, 1962. Ayes: Councilmen: Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: Aby Absent: Councilmen: None RE: SALARY RESOLUTION File 7-3 No action was taken by the Council on the proposed salary resolution and the Council instructed that the salary resolution be included on the Agenda of next Council meeting. RE: GLENWOOD PARK SITE File 2-1-24 Deed for Glenwood Park Site was presented. RESOLUTION NO. 2553 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BUILDING REGULATIONS File 9-8 Letter of F. Lloyd Grandi regarding building heights limits was presented. Referred to Planning Commission for study and report. RE: PARKING METER VIOLATIONS File 11-18 Letter of City of Sausalito recommending increase of parking meter violation bail was pre- sented. Referred to City Manager with instructions to reply to the City of Sausalito giving Council's views on the matter. RE: SAN RAFAEL DREDGING File 12-10 Letter of U. S. Corps of Engineers in reference to proposed dredging of San Rafael Canal Channel requesting that the City furnish a resolution to the effect that the city will hold and save the United States free from any damages that may result from the proposed maintenance dredging, was presented. Referred to City Manager with instructions to reply to L. E. Weisenburg, Jr. of San Rafael Newport Company relative to his letter to Corps of Engineers concerning the proposed dredging and referred to the City Attorney for study and report back to the Council. RE: FUND TRANSFERS File 8-14 The Council authorized transfer to the General Fund from the following funds to repay funds furnish from General Fund by Council authorization of October 2nd, 1961. From Park Fund $ 10,000.00 From Library Fund 10,000.00 From Employee Retirement Fund 18,500.00 N. RE: BOARD OF EDUCATION File 9-2-1 Pursuant to letter and request of Mr. John Bagshaw, member of the Board of Education, the Council authorized Mr. John Bagshaw to be out of the State of California from January 2, 1962 to January 20, 1962. RE: COUNCIL File 9-1 The Council authorized Councilman Aby to be absent from the State fromJanuary 6 to January 14, 1962. RE: NORTHWESTERN PACIFIC RAILROAD File 117 City Attorney, A. E. Bagshaw reported to the Council on cost of engineering and economic study relative to reconstruction of the Northwestern Pacific Railroad Tunnel and restoration of service to the City of San Rafael. The Council instructed that the City Manager contact the Public Utilities Commission and other cities in Marin County relative to their support in the re-establishment of rail service to the City of San Rafael. RE: CENSUS File 9-14 On motion of Councilman Menary, seconded by Councilman Jensen, the Council by unanimous vote authorized the City Manager to expend up to $500.00 for census estimate by the State De- partment of Finance. RE: SALES TAX File 8-10 City Attorney, A. E. Bagshaw presented an ordinance repealing sections of the Municipal Code relative to collection of sales tax. An ordinance repealing sections 3.18.020 (e) and 3.18.040 (b) (ii) of the Municipal Code, re- numbering section 3.18.040 (b) (4) (iii) and amending sections 3.18.040 (a) (2), 3.18.050 (b) (2) and 3.18.050 (b) (3) (ii), all regulating the imposition and collection of sales taxes, and numbering Charter Ordinance No. 739 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CITY HALL File 12-2 x 4-3-18 Letter of Ebasco Services requesting a meeting with the Council for the purpose of discuss- ing preliminary findings was read. Referred to City Manager to arrange for a meeting at the earliest Council meeting in which the Ebasco Services would be able to appear. RE: LEAGUE OF CALIFORNIA CITIES COMMITTEE ON THE FUTURE File 9-1 The Council by unanimous vote reappointed Mayor McInnis to serve on the League of California Cities Committee on the Future. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated December 18th, 1961, and now on file in the Clerk's office to which reference is hereby made for further particulars: GENERAL FUND $ 8,590.28 PARKS FUND 1,676.52 EQUIPMENT & REPLACEMENT FD. 521.95 CAPITAL IMPROVEMENT FUND 1,178.63 PARKING DIST. NO. 1 FUND 76.69 MARIN BAY IMPR. DIST. FUND 48,417.86 $ 60,461.93 Council adjourned to Tuesday, December 26th at 7:30 P. M. 4. . _MORGAN4"Cyty Clerk Approved this 15 ' day of,!��ti 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Tuesday, December 26th, 1961 at 8:00 o'clock P. M. Adjourned Regular Meeting: Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman RE: SALES TAX File 8-10 CHARTER ORDINANCE NO. 739 - An ordinance repealing Sections 3.18.020 (e) and 3.18.040 (b) (4) (ii) of the Municipal Code, renumbering Section 3.18.040 (b) (4) (iii) and amending Sections 3.18.040 (a) (2), 3.18.050 (b) (2) and 3.18.050 (b) (3) (ii), all regulating the imposition and collection of sales taxes, and numbering Charter Ordinance No. 739 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: DREDGING SAN RAFAEL CANAL File 12-10 Letter and report of City Attorney, A. E. Bagshaw subject: Dredging of San Rafael Canal was presented. Resolution making certain Guarantees to the United States of America was read. RESOLUTION NO. 2554 - MAKING CERTAIN GUARANTEES TO THE UNITED STATES OF AMERICA Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - AUTHORIZE SALARY STEP INCREASES File 7-3 Report of City Clerk on status of compensation resolutions was presented. Councilman Aby moved, seconded by Councilman Menary, that the Council approves and grants step increases in salaries paid to City Employees for the period July 1st, 1961 to December 31st, 1961 at the salary ranges and salary steps set forth in a proposed resolution presented to the Coun- cil for salary ranges and salary steps to be used for fiscal year 1960-61 Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - COMPENSATION RESOLUTION File 7-3 Compensation resolution for balance of fiscal year 1961-62 was presented and adopted as amended. RESOLUTION NO. 2555 - 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 A COMPENSATION AND WORKING CONDITIONS THEREOF. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: STATE HIGHWAY Supervisor of Public Works, Norris Rawles reported on meeting with State Division of High- way officials. RE: NORTHWESTERN PACIFIC RAIL SERVICE File 117 Mayor McInnis read a letter addressed to the City Manager by J. P. Hawke and Associates and Jacobs Associates offering their services for engineering study and economic analysis on res- toration of tunnel and railroad services to San Rafael and Southern Marin County. Mr. Hawke was present and discussed the matter with the Council. On motion of Councilman Menary, seconded by Councilman Baar, and by unanimous vote the Council, the City Manager was directed to write the Public Utilities Commission requesting them to take the necessary action making it possible for representatives of the City to have access to and the right of entry into the tunnel of Northwestern Pacific Railroad Company which is under the Puerto Suello hill. Council adjourned. -L. MORGAN, C i ty Clerk �7 Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Tuesday, January 2nd, 1962 at 8:00 o'clock P. M. Regular Meeting: Meeting opend by Vice Mayor, Councilman Aby. RE: APPROVAL OF MINUTES Present: Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman Absent: John F. McInnis, Mayor David Menary, Jr., Councilman On motion of Councilman Jensen, seconded by Councilman Baar, the minutes of December 18th and December 26th, 1961, a true and correct copy. thereof having been heretofore submitted in writing to each member, were approved. RE: PUBLIC HEARING - TERRA LINCA MEADOWS REZONING File 10-3 Hearing was declared opened. City Planner, James Garrett briefed the Council on the action of the Planning ,Commission. Mr. Calvin Wheeler, owner'of the property under consideration for rezoning introduced Mr. William Rosso of Weldon Becket and Associates, Architects and Engineers who presented drawings illustrating the intended use of the area. Mr. Douglas Baylis, landscape architect explained the landscaping features of the project. There being no one appearing against, the hearing was declared closed. I An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certa1n real property from a "U" (Unclassified) District to A P -C (Planned Community District, and numbering Charter Ordinance No. 740 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, and Jensen Noes: Councilmen: None Absent: Councilmen: Menary and Mayor McInnis RE: PLANS & SPECIFICATIONS SIX (6) TWO-WAY RADIOS File 4-2-45 RESOLUTION NO. 2556 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR FURNISHING OF 152 to 162 me TWO-WAY RADIOS. i Ayes: Councilmen: Aby, Baar and Jensen Noes: Councilmen: None Absent: Councilmen: Menary and Mayor McInnis RE: SAN PEDRO SCHOOL ANNEXATION File 5-2-30 Petition of the San Rafael School District for annexation of San Pedro School Property was presented. RESOLUTION NO. 2557 - RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF SAN RAFAEL OF UNIN- HABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "SAN PEDRO SCHOOL ANNEXATION," AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO. Ayes: Councilmen: Aby, Baar and Jensen Noes: Councilmen: None Absent: Councilmen: Menary and Mayor McInnis RE: ADOPTING 1961 EDITION OF BUILDING CODE File 9-8 The Council set date of public hearing on adoption of Building Code at 8:00 o'clock P. M., January 15th, 1962. RE: AMENDING ZONING ORDINANCE RE FIRE ZONES File 10-1 x 9-8 Referred to Fire Commission for recommendation. RE: GLENWOOD PARK LANDSCAPE DESIGN File 9-3-66 This was referred to the City Manager, Dan Andersen and Park and Recreation Director, Joe Rodota to contact planners and landscape architects for proposals to prepare a site plan and landscape design for Glenwood Park. RE: AGREEMENT FOR IMPROVEMENT URBAN THOROUGHFARE SYSTEM WITH MARIN COUNTY File 4-1-38 Held over. RE: NATIONAL TRUCK & TRAILER RENTAL LEASE File 2-8-7 City Manager, Dan Andersen, submitted a report of the Arbitration Board who set the rental on five (5) 'year lease at $433.12 per month. City Manager was directed to write the Nationwide Truck & Trailer Rentals if they wish to re- new their lease. RE: CANCELLATION OF TAXES - GLENWOOD PARK SITE File 2-1-24 Council authorized City Clerk to request the Board of Supervisors to cancel the second in- stallment of the .1961-62 City and County Taxes on Glenwood Park Site, recorded December 21,1961 in Book 1526 of Official Records, Page 618. RE: NORTHWESTERN PACIFIC RAILROAD TUNNEL File 117 x 4-3-19 Mr. J. D. Jacobs, representing J. P. Hawke and Associates and Jacobs Associates addressed the Council regarding the physical problems involved in restoration of the tunnel, and the economical injury to the City if the railroad succeeds in permanently abandoning their line. He estimated that a reconstruction and economic survey would cost a maximum of $5,000.00. On motion of Councilman Jensen, seconded by Councilman Baar, the Mayor and City Clerk were authorized to sign an agreement with J. B. Hawke and Associates and Jacobs Associates to make said survey not to exceed $5,000.00. RE: PUBLIC DUMPING File 13-2 The problem of promiscuous dumping was discussed by the Council. The City Manager was directed to study the means of curing the problem and recommend the course the Council should take. RE: PERSONNEL File 7-5 The Council authorized that the salary of Assistant Chief Building Inspector, Morrison E. Green be advanced to $550.00 per month effective January 1, 1962. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated January 2nd, 1962, and now on file in the Cle rk's office to which reference is hereby made for further particulars: Council adjourned. GENERAL FUND $ 6,560.92 PARKS FUND 85.90 EMPLOYEE RETIREMENT FD. 6,789.52 EQUIPMENT & REPLACEMENT FD. 446.32 MARIN BAY ASSESSMENT DIST. No. 1 6,074.64 $19,957.30 W. L. MORGAN; Cit Clerk W. C. CORNWELL, Deputy City Clerk Approved th is /�2 ` day of "., x��.�- - 19 MAYOR OF THE CITY OF SAN RAFAEL 0 ; In the Council Chambers of the City of San Rafael, Monday, January 15th, 1962 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman On motion of Councilman Jensen, seconded by Councilman Menary, the minutes of January 2nd, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: PUBLIC HEARING - ADOPTION 1961 EDITION OF BUILDING CODE File 9-8 Public hearing on adoption of 1961 Edition of Building Code was declaredopened. No one appearing, the public hearing was closed. After discussion of the proposed ordinance by the Council, referred to Fire Commission for re- commendation and held over for consideration at next Council meeting. RE: LEASE PROPOSAL FRANCISCO BOULEVARD PROPERTY File 2-10 Following proposals to lease a portion of City property adjacent to turning basin on San Rafael Canal were received, opened and read. Proposal of San Rafael Yacht Club Proposal of Fred C. Shumaker Fred C. Shumaker discussed with the Council his proposed use of the land and members of the San Rafael Yacht Club informed the Council of their proposed development of the property. Councilman Baar, moved, seconded by Councilman Jensen, that land be leased to San Rafael Yacht Club for 10 years at an annual rental of $480.00 payable quarterly and in advance. City to have option of terminating lease at end of five years and upon 90 days written notice, in which event City will pay lessee a sum equal to 1/2 of money expenditures for improvements thereon, but not to exceed $5,000.00. City to have similar rights of termination at the end of each successive year thereafter, upon like notice and payment to lessee, at end of 6th year, of sum equal to 40% but not exceeding $4,000.00 of cost of improvements; at end of 7 years upon payment of sum equal to 30% but not exceeding $3,000.00; at end of 8 years upon payment of sum equal to 20°% but not exceeding $2,000.00 and at end of 9 years by paying sum equal to 10% but not exceeding $1,000.00. Lessee to provide an adequate float on said premises at all times during the term and to permit the use of said float by the public for transient mooring of visiting boats and to erect and maintain a suitable sign inviting public to so use said float. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: MOBILE SPRAYER File 8-5 City Manager, Dan Andersen informed the Council that bid had been received for a Mobile Sprayer for use by the Street Department at $260.00 higher than amount provided in the current budget for purchase of a sprayer. On motion of Councilman Menary, seconded by Councilman Jensen, the Council appropriated $260.00 additional to budget account 80-700 and authorized purchase of the equipment. RE: USE PERMIT - PROPERTY OF GEORGE STEINERT File 10-5 George Steinert appeared and presented a plat and requested a use permit for improvements to be constructed on his property on Francisco Boulevard near East Railroad Avenue. On motion of Councilman Menary, seconded by Councilman Aby, the Council granted the use permit subject to approval of the Planning Commission and Traffic Committee. Ayes: Councilmen: Aby, Baar, Jensen,Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: SANITARY SEWER EXTENSION ON COLEMAN DRIVE File 12-6 x 4-10-22 Supervisor of Public Works, Norris Rawles informed the Council of request of R. E. Nolan and Son for extension of sanitary sewer on Coleman Drive recommending that the Council enter into an agreement with R. E. Nolan and Son, Inc. covering the proposed sewer addition. On motion of Councilman Jensen, seconded by Councilman Menary, the Council by unanimous vote authorized the Mayor and City Clerk to execute the agreement. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Abssnt: Councilmen: None r cr 1 I r RE: PROPOSED AGREEMENT FORM COVERING TREE PLANTING IN SUBDIVISIONS File 9-3-40 x 9-3-49 Supervisor of Public Works presented a proposed form of agreement to cover planting of trees in subdivision. On motion of Councilman Jensen, seconded by Councilman Menary, the Council by unanimous vote approved use of the form proposed by the Department of Public Works. RE: RAMPS ON STATE HIGHWAY File 11-16 Supervisor of Public Works, Norris Rawles presented plans of proposed freeway ramps connect - ting to city streets. RESOLUTION NO. 2558 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REQUESTING CALIFORNIA HIGHWAY COMMISSION APPROVAL OF ADDITIONAL FREEWAY CONNECTIONS TO THE U.S. 101 FREEWAY IN THE VICINITY OR IRWIN STREET, SAN RAFAEL, CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: GAS TAX ENGINEERING FUNDS File 4-9 Budget proposals for engineering funds section 2107.5 to be transmitted through District Engineers for State Division of Highways was presented. RESOLUTION NO. 2559 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING BUDGET PROPOSAL FOR EXPENDITURE OF FUNDS ALLOCATED UNDER SECTION 2:1.07.5 OF THE STREETS AND HIGHWAYS CODE. Ayes: Councilmen: Abj, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: REZONING TERRA LINDA MEADOWS File 10-1 CHARTER ORDINANCE NO. 740 - An ordinance amending the zoning map of the City of San Rafael, Cali- fornia, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a "U" (Unclassified) District to a P -C (Planned Community District, and numbering Charter Ordinance No. 740 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT WITH COUNTY OF MARIN - URBAN THOROUGHFARE SYSTEM File. 4-13-8 Proposed agreement with County of Marin for improvement of urban thoroughfare system between the County and City was presented. On motion of Councilman Jensen, seconded by Councilman Baar, the Mayor and City Clerk were authorized to execute the agreement on behalf of the City. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Mayor McInnis instructed that a letter be written to the County Board of Supervisors express- ing the city's appreciation for their cooperation. RE: ENEMARK ANNEXATION File 5-2-28 Petition for annexation of lands of Fred Enemark to the City of San Rafael was presented. RESOLUTION NO. 2560 - RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF SAN RAFAEL OF UN114HABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ENEMARK ANNEXATION," AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: DISPOSAL OF SURPLUS LANDS OF THE CITY File 2-7 City Manager, Dan Andersen presented a plat of property held by the City at Fourth and Union Streets requesting Council consideration of the disposing of the property. Referred to Planning Commission for consideration of rezoning the property to C-2. RE: PARKING ON LAUREL PLACE File I1-8 Supervisor of Public Works, Norris Rawles informed the Council of recommendations of the Traffic Committee relative to restriction of parking on the Northerly side of Laurel Place between Nye and Robert Dollar Drive and both sides of Laurel Place and Robert Dollar Drive to Mission Avenue. RESOLUTION NO. 2561 - A RESOLUTION DESIGNATING AND DESCRIBING NO PARKING AREA .w Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis 0 Noes: Councilmen: None Absent:Councilmen: None RE: ONE-WAY STREET PATTERN File 11-14 Public Works Department presented a plat of and explained a proposed one-way street pattern. After discussion by the Council, the proposal was accepted for consideration. No RE: MASTER STREETS PLAN File The Council set February 5th, 1962 at 8:00 o'clock P.M. as date for informal hearing on acceptance of master streets plan prepared by Daniel E. Coleman Engineer. RE: PERSONNEL File 7-5 The Council authorized employment of Roderic D. Rothgeb as Assistant Building Inspector to be placed on the regular payroll at $520.00 per month effective January 16, 1962. The Council authorized employment of Robert McEachern as Mechanic's Helper at salary $376.00 per month to be placed on the regular payroll effective January 16, 1962. The Council authorized employment of Lester Mattos as Maintenance Man #2 commencing January 16, 1962. RE: EASEMENT ON CITY LANDS File 2-11 Request for granting of easement on City property adjacent to Albert Lane on B Street upon application of Mr. and Mrs. V. H. Young was discussed by the Council. On motion of Councilman Jensen, seconded by Councilman Aby, the Council by unanimous vote approved application of Mr. and Mrs. V. H. Young for permission to improve and maintain, to City Standards, a strip of land 13' 15 ft by 100 ft in size, parallel to Mahon Creek and Albert Lane, and owned by City, for use as a public parking lot, given tentative approval upon following conditions: 1. Applicants will improve and maintain to City Standards, an adjacent strip of land 14 ft x 100 ft in size, for public access to said park- ing lot. 2. City will maintain entire police and regulatory control over said parking area and access thereto. 3. Said parking area will at all times be available for public parking and applicants will erect and maintain a suitable sign at entrance to parking area designating it as open to public parking. 4. City will reserve right to terminate said parking lot at will. 5. This is more tentative approval, and no rights shall accrue here- under until it is formalized by the Council. RE: PERSONNEL - POLICE DEPARTMENT File 9-3-30 Chief of Police, Charles Chiesa, requested Council consideration on employment of two (2) additional patrolman for San Rafael Police Department. The matter was discussed, but no action taken by the Council. RE: DREDGING OF SAN RAFAEL CANAL File 12-10 Supervisor of Public Works, Norris Rawles reported on meeting with Soils Engineers and Corps of Engineers relative to dredging of the San Rafael Canal. The Council instructed that a notice be prepared informing property owners of the dredging of the canal with instructions that the notice be mailed to all property owners abutting the canal. RE: WOODLAND AVENUE IMPROVEMENT PROJECT File 6-8 City Engineer, Dominic Selmi presented Certificate of Completion, Woodland Avenue Improvement Project. RESOLUTION NO. 2562 - A RESOLUTION ACCEPTING WORK AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COM- PLETION. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR DAMAGES File 3-1 �.. City Manager, Dan Andersen presented claim of Mrs. Emma Gelsi Medeot in amount of $159.72 re- lative to damages to her automobile caused by Police Department automobile backing into her car. On motion of Councilman Jensen, seconded by Councilman Baar, the Council authorized payment of claim. F 7 120 All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated January 15th, 1962, and now on file in the Clerk's office to which re- ference is hereby made for further particulars: Council adjourned. GENERAL FUND PARKS FUND EQUIPMENT & REPLACEMENT FUND CAPITAL IMPROVEMENT FUND EMPLOYEE RETIREMENT FUND PARKING DISTRICT NO. 9 MARIN BAY IMPROVEMENT DISTRICT NO. 1 $ 20,812.63 215.96 3,488.04 4,001.94 15.26 225.84 742.55 $ 29,502.22 4J. L. MORGAN, ,Cit�Alerk -'If Approved this /_ day of19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday February 5th, 1962 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary,Jr., Councilman On motion of Councilman Jensen, seconded by Councilman Menary, the minutes of January 15th, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: POLICE DEPARTMENT File 9-3-30 The Council discussed the recent loss of personnel in the Police Department. On motion of Councilman Jensen, seconded by Councilman Baar, City Manager, Dan Andersen was instructed to hire a consultant to conduct a complete survey of the Police Department. RE: OPENING OF BIDS - MOBILE RADIOS File 4-2-45 The following bids were received, openedand read: Motorola $ 3,897:60 National Transreceiver Company $ 3,577.30 General Electric Company $ 3,760.81 Referred to Public Works Department for review. RE: PUBLIC HEARING - SAN PEDRO SCHOOL ANNEXATION File 5-2-30 There being no one appearing for or against, the hearing was declared closed and referred to the City Manager for the prepaation of an ordinance;. RE: MARIN BAY UNIT II ASSESSMENT DISTRICT File 6-10 Mr. Kenneth Jones, of Wilson, Harzfeld, Jones & Morton presented to the Council numerous documents relating to the formation of an assessment district, entitled Marin Bay Unit 11. After discussion by the Council, no action was taken. RE: RAFAEL RACQUET CLUB ESTATES File 6-6 Failure to file the certificate of completion, action was held over to the meeting of February 19th, 1962. RE: MASTER STREET PLAN File 4-3-14 Informal hearing on the master street plan as presented by Daniel Coleman and Associates was opened. There were no comments for or against. The hearing was declared closed. The Council complimented Mr. Coleman on the excellent preparation of the plan. On motion of Councilman Baar, seconded by Councilman Menary, the Council unanimously accepted the street plan. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: EASEMENT ON CITY LANDS - NORTHWEST CORNER OF ALBERT FIELD File 2-14 Mrs. W. H. Young applicant for an easement on City lands addressed the Council relative to the conditions set forth by the Planning Commission. After discussion with the Council, Mrs. Young agreed to the conditions and the City Attorney was directed to prepare an agreement between the City and the applicant. RE: RECREATION PROGRAM CONTRACT File 4-7-1 Director of Parks and Recreation, Joseph Rodota briefed the Council on the proposed recrea- tion program contract with the School Board. On motion of Councilman Menary, seconded by Councilman Jensen, the Mayor and City Clerk were authorized to sign the said contract. RE: SPECIAL PROGRAMS RECREATION FUND File 8-14 Upon the recommendation of City Clerk and Finance Officer, J. L. Morgan, the Council authorized the creation of the Special Programs Recreation Fund to account for special program receipts and disbursements by amending the revenue budget to include revenue fund account 63 and transfer accumulated balance of February 1, 1962 (1120.33) amending expenditure budget account 65-275 by transfer of $3,460.00 to budget 65-A-275, Recreation Special Programs Fund. RE: BELLAM BOULEVARD EXTENSION (FRANK MELKOVEC PARCEL 17-101-17) File 2-2 City Manager, Dan Andersen was directed to purchase at the appraised value of $21,679.40, the property of Frank Melkovec, shown on the County Assessor's Map as Parcel 17-101-17. RE: CHARTER ORDINANCE NO. 741 - ADOPTION OF 1961 EDITION OF BUILDING CODE PASSED TO PRINT File 1-6-1 An ordinance of the City of San Rafael amending Chapter 12.12 Municipal Code of said city by adopting,by reference, uniform building code Volume 1, and the secondary code, Volume III, 1961 Editions, lieu of 1958 Editions, and numbering Charter Ordinance No. 741 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: USE PERMIT NO. 688 - FRANK MERZ File 9-10 City Planner, James Garrett briefed the Council on the decision of the Planning Commission. Several interested residents of the neighborhood spoke regarding the completion of the grading to alleviate the dust and mud problem. The Planning Commission having reported that complaints had been received that Frank Merz had persistently and consistently failed and refused to comply with the conditions attached to the granting of use permit No. 688 in that he had failed to maintain cut slopes as shown in his grading plan submitted as a part of his application for said permit, and that the Planning Commissin had investigated said complaints and found them to be true, and after notice to said Frank Merz had conducted a public hearing and had found that said complaints were and are true and had therefore recommended the revocation of said use permit. It was moved by Councilman Jensen, and seconded by Councilman Aby, that said use permit No. 688 heretofore issued to the said Frank Merz be and the same is hereby revoked effective forthwith. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FOOD HANDLING File 13-6 An ordinance regulating food handling in the City of San Rafael, and numbering Charter Ordi- nance No. 742 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BRET HARTE ROAD LA LOMA WOODLANDS File 2-12 The request of Fred H. Michelfelder that the city quit -claim parcel 13-175-10 as shown on the County Assessor's Map was presented and explained by Supervisor of Public Works, Norris Rawles. The matter was referred to City Attorney and Supervisor of Public Works for necessary action to obtain said parcel to keep Bret Harte Road open from La Loma Subdivision to Bret Harte Heights. RE: IMPROVEMENT OF PORTION OF ALTO STREET File 4-10-33 On motion of Councilman Aby, seconded by Councilman Menary, the Mayor and City Clerk were authorized to sign an agreement with H. S. Meinberger-and Son for the completion of improvement work of Alto Street. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BUDGET APPROPRIATION ACCOUNT 32-265 - (BUILDING DEPARTMENT File 8-4 Council authorized transfer from unappropriated surplus to Budget Account 32-265 for purchase of Building Codes in the amount of $210.36. RE: ENCROACHMENT PERMIT - COLEMAN DRIVE - HUGH CASSIDY File -2-11 Request for an encroachment permit for a driveway on Coleman Drive was granted to Hugh Cassidy. RE: RELEASE CASH BOND TERRA LINDA UNIT 14 File 8-15 x 5-1-92 The Council authorized the City Treasurer, Angelina Soldavini, to release the remaining cash bond in the amount of $500.00 to William A. Rainey, Jr., 323 Clementina, San Francisco,California for the faithful performance of construction work in said subdivision. RE: P. G. & E. STREET LIGHTING AGREEMENT - MARIN BAY SUBDIVISION File 11-4 RESOLUTION NO. 2563 - RESOLUTION AUTHORIZING SIGNING OF A LEASE. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen:.None Absent: Councilmen: None RE: CLAIM FOR DAMAGES -MRS FRED EDWARDS File 3-1 A letter of Mrs. Fred Edwards putting the City on notice of injury received at corners of D and 4th Streets was referred to the City Attorney. RE: CITY MANAGERS" SPRING MEETING File 9-3-11 The Council authorized City Manager, Dan Andersen to attend the City Managers' Spring Meeting at Riverside, California from February 13th through 18th, 1962. RE: PLANNING DEPARTMENT BUDGET File 8-5 The Council authorized transfer of $250.00 from unappropriated surplus to Budget Account 17- 300. 193 RE: PLANS & SPECIFICATIONS - 9 AUTOMOBILES File 4-2-46 RESOLUTION NO. 2564 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR 9 AUTOMOBILES, (IN LIEU OF 1 COM- PACT, A 8 CYLINDER 4 DOOR SEDAN AS PER SPECIFIED ALTERNATE. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: MARIN BAY IMPROVEMENT DISTRICT II File 6-7 Council authorized payment to Peter Hunt, Attorney and the firm of Orrick, Dahlquist, Harrington and Sutcliffe for legal work incident to this district in the amount of $2,419.37 each, totaling $4,838.74. RE: REALIGNMENT OF U. S. HIGHWAY 101 File 11-16 City Manager, Dan Andersen was directed to contact the Division of Highways to request hear- ing on the Commission's agenda in connection with 101 Freeway from the vicinity from First and "D'' Streets. RE: PARKING DISTRICT NO. 1 File 6-4 The Council authorized Supervisor of Public Works, Norris Rawles to charge the striping of Parking lots to Parkfng District No. 1. RE: PERSONNEL File 7-5 Council authorized employment of Leo Schwab as fireman at a monthly salary of $482.00 per month commencing February 1, 1962 John A. Loane at $458.00 commencing February 15, 1962 as Patrolman John Riordan at $458.00 commencing February 15, 1962 as Patrolman Arthur E. Myers at $458.00 commencing February 15, 1962 as Patrolman Charles Brobeck as Dispatcher commencing February 1, 1962 at $376.00 Gilbert Freitas as Patrolman commencing February 1, 1962 at $458.00 Jovanina Harrison as Clerk -Typist commencing February 1, 1962 at $295.00 All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated February 5th, 1962, and now on file in the Clerk's office to which reference is hereby made for further particulars: GENERAL FUND $ 26,034.17 RECREATION SPECIAL PROGRAMS FD. 236.00 EMPLOYEE RETIREMENT FUND 6,915.82 EQUIPMENT & REPLACEMENT FUND 2,279.21 PARKS FUND 202.92 WHITE OAKS UNIT II ASSES.DIST. 42,530.00 MARIN BAY IMPR.DIST.NO. 1 18,420.13 WOODLAND AVE. ASSESS.DIST.FD. 189.79 RAFAEL RACQUET CLUB ESTATES 674.71 $ 97,482.75 MARIN BAY IMPR.DIST.NO. 1 $ 4,838.74 GENERAL FUND $ 21,679.40 Council adjourned. -71 W.-C. 10 KGAN, icy Clerk W. C. CORNWELL, Deputy City Clerk Approved this / _ day of i �2u,.��-�19 MAYOR OF THE CITY OF SAN RAFAEL 9 L;4- In the Council Chambers of the City of San Rafael, Monday, February 19th, 1962 at 8:00 o'clock P. M. Regular Meeting: Present: John F. Mclnn.is, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman RE: APPROVAL OF MINUTES On motion of Councilman Jensen, seconded by Councilman Menary, the minutes of February 5th, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: FLOOD CONDITIONS IN SAN RAFAEL File 12-9 x 12-6 Mayor McInnis opened the discussion on damages caused by the recent flood conditions. Mr. Heckler, Mrs. DeCarlo, Herbert Austin, Mr. and Mrs. Jacobson spoke to the Council relative to sewer damages and sewer conditions in Elm Street, Belle Avenue, and Happy Valley areas. Numerous persons from Bret Harte and other areas of the City spoke on flood conditions in the various areas of the City. The Council offered assistance in the formation of an assessment district to the citizens of Bret Harte area. Referred to the Public Works Department. RE: GLENWOOD PARI: File 9-3-66 Director of Parks and Recreation, Joe Rodota reported on the architectural proposal for development of Glen Park. The proposals were referred to the Park and Recreation Commission for their study and recommendation. RE: REQUEST FOR USE OF ALBERT PARK File 2-10 B. G. Grant, Exalted Ruler of San Rafael Lodge #1108, B.P.O. Elks addressed the Council requesting the use of Albert Field on May 26th for the holding of the annual Elks Circus. On motion of Councilman Jensen, seconded by Councilman Baar, the Council by unanimous vote authorized that Albert Field be made available to the Elks subject to the approval of the Park and Recreation Commission. RE: AWARD OF CONTRACT - MOBILE RADIOS File 4-2-45 Supervisor of Public Works, Norris Rawles reported on bids opened at February 5th meeting to furnish two-way mobile radios informing the Council that the low bidder, National Transreceiver Company, did not meet the specifications and that the General Electric Company was the lowest bidder that met specifications, recommending that the bid be awarded to the General Electric Company. Representatives of National Transreceiver Company and Motorola Company, the unsuccessful bidders, spoke on the merits of their product.. RESOLUTION NO. 2565 - RESOLUTION AWARDING CONTRACT FOR COMPLETE TWO-WAY RADIO SYSTEM (General Electric Company) Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: EASEMENT ON CITY LANDS NORTHWEST CORNER OF ALBERT FIELD File 2-14 City Attorney, A. E. Bagshaw, reported to the Council that W. H. Young had not furnished necessary information to him for preparation of agreement for easement on City lands. No action was taken by the Council. RE: UNIFORM BUILDING CODE File 9-8 � J-(6- 1 CHARTER ORDINANCE NO. 741 - An ordinance of the City of San Rafael amending Chapter 12.12 Municipal Code of said City by adopting, by reference, uniform Building Code Volume 1, and the secondary code, Volume III, 1961 Editions, in lieu of 1958 Editions, and numbering Charter Ordinance No. 741 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FOOD HANDLING ORDINANCE File 13-6 CHARTER ORDINANCE NO. 742 - An ordinance regulating food handling in the City of San Rafael, and numbering Charter Ordinance No. 742 was passed and adopted as an ordinance of the City of San Rafael by the following vote to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None a 2 a 5 i RE: TERRA LINDA UNIT SIXTEEN - AGREEMENT FOR TREE PLANTING File 5-1-100 Public Works Department presented bond and agreement with Alameda Homes Corporation covering planting of trees in Terra Linda Unit 16. On motion of Councilman Baar, seconded by Councilman Menary, the Council by unanimous vote authorized the Mayor and City Clerk to execute the agreement. RE: DIRECTIONAL SIGNS - TROPICANA APARTMENTS File 11-5 �. The Council declined the request made by Paul Sade for installation of directional signs to Tropicana Apartment to be erected on City property. RE: SIGNS AND ADVERTISING DISPLAY File 9-8 x 11-16 Ordinance regulating the placing and maintenance of signs and advertising display was pre- sented. An ordinance amending Section 10.64.040 of the Municipal Code of the City of San Rafael re- gulating the placing and maintenance of signs and advertising display, and numbering Charter Ordinance No. 743 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: REZONING LA VISTA WAY OFF LINCOLN AVENUE File 10-3 The Council set March 5th at 8:00 o'clock P.M., as date for public hearing on rezoning La Vista Way off Lincoln Avenue. RE: BOARD OF EDUCATION File 9-2-1 On motion of Councilman Aby, seconded by Councilman Menary, the Council by unanimous vote authorized Roderick P. Martinelli, member of the Board of Education to be out of the State February 22nd, to March 5th, 1962. RE: COMMENDATIONS File 102 Letter of Marin County Council of Boy Scouts of America extending their thanks for coopera- ' tion of the City and City Manager, Dan Andersen in the scouting movement in Marin County was re- ceived and noted. RE: FREEWAY File 11-16 i Letter of California Highway Commission regarding new public road connection to U.S. Highway 101 Freeway was presented and noted.. RE: MAP OF SURVEY - APPLICATION OF U. S. PLYWOOD CORPORATION File 5-3 Peter Hunt, attorney, for U. S. Plywood Corporation presented map of record of survey, Block ''A" being a portion of Lot 1, Biscayne Drive requesting the Council to approve filing of the map of survey. City Planner, James Garrett advised the Council of a report made by City Attorney on the filing of the map and Peter Hunt, attorney explained the proposed development. On motion of Councilman Aby, seconded by Councilman Baar, the Council approved recording of the map of survey as amended. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: -REQUEST FOR ABANDONMENT OF EASEMENT - FRANK A. & THYRAL MICHELFELDER File 2-12 Letter of Charles Stuhr, attorney for Frank A. Michelfelder requesting that the City execute quit claim deed to rights over an easement from Bret Harte Road to La Loma Woodlands adjacent to lands of Michelfelder was presented. Supervisor of Public Works, Norris Rawles reported on his check of the property and City Attorney, A. E. Bagshaw reported on his opinion of the City's rights. Referred to the Department of Public Works. RE: ENCROACHMENT ON CITY PROPERTY File 2-11 On motion of Councilman Jensen, seconded by Councilman Menary, the Council by unanimous vote authorized encroachment permit to Mr. Fullerton on a portion of Martens Boulevard adjacent to Mr. Fullerton's property 51 Martens Boulevard. RE: PERSONNEL File 7-5 Pursuant to Fire Commission recommendations Dennis Tuohy advanced to Engineer at $579.00 per month effective 3/1/62 and George Hasler advanced to Captain at salary of $600.00 per month effective 3/1/62. Authorized employment Edward Scettrini as Maintenance Man #2, Public Works Department at $417.00 per month effective 2/21/62. Pursuant to request of Public Works Department Council authorized overtime at time and one-half to engineering department personnel for emergency work on survey of sanitary sewers. RE: BUILDING DEPARTMENT File 9-3-32 Pursuant to request of the City Manager, on motion of Councilman Jensen, seconded by Council- man Menary, the Council by unanimous vote approved appropriation for unappropriated surplus of $250.00 to Budget Account 32-210. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated February 19th, 1962, and now on file in the Clerk's office to which re- ference is hereby made for further particulars: GENERAL FUND $ 8,399.80 PARKS FUND 530.23 SPECIAL RECREATION PROGRAMS FD. 83.38 EQUIPMENT & REPLACEMENT FUND 1,564.18 PARKING DIST. NO. 1 FUND 100.19 WHITE OAKS UNIT II ASSESS. DIST. 508.;1.8 WOODLAND AVE. ASSESS. DIST. 12,477.40 RAFAEL RACQUET CLUB ESTATES UNIT II 1,093.75 MARIN BAY ASSESS. DIST. 2,589.92 $ 27,347.03 Council adjourned. W. C.'MORGAN;,Ci t Clerk Approved this �S day MAYOR OF THE CITY OF SAN Rafael In the Council Chambers of the City of San Rafael, Monday March 5th, 1562 at 8:00 o!clock P. M. Regular Meeting: Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Councilman RE: APPROVAL OF MINUTES On motion of Councilman Jensen, seconded by Councilman Baar, the minutes of February 19th, 1962, a true an correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: COMPACT CARS File 4-2-46 The following bids were received, opened and read: Alternate Trade -In Ames Ford Sales, Falcon $15,596.70 2,114.77 3,600.00 Dexter Car.Co., Rambler 14,693.52 -0- 2,450.00 Shamrock Motors, Dodger Lancer -Mill Valley 15,771.60 2,262.00 2,970.00 DeLong Chevrolet, Corvair 15,500.35 1,996.72 2,500.00 ' Rossi Garage, Studebaker 14,598.60 -0- 2,375.00 8 Valiants & 1 Plymouth 12,268.17 2,375.00 Referred to Purchasing Department for review. RE: ENEMARK ANNEXATION File 5-2-28 Public hearing was declared opened. There being no one appearing for or against said annexation, the hearing was declared closed. An ordinance approving the annexation of certain uninhabited territory, designated "Enemark, Annexation" to the City of San Rafael, and numbering Charter Ordinance No. 744 was read, in- troduced „ and numbering Charter Ordinance No. 744 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING LOTS OFF LA VISTA WAY File 10 - City Planner, James Garrett briefed the Council on conditions existing on the site and the action of the Planning Commission. Mr. Leatherwood, one of the petitioners expressed his views; and that of his neighbors who are in favor of the rezoning. There being no one appearing against, the hearing was declared closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from an R-1 (Single Family Residential) District to an R-2 (Dup-i piex Residential) District, and numbering Charter Ordinance No. 745 was read, introduced, and ordered passed to print by the following vote, to -wit: i Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BRET HARTE DRAINAGE DISTRICT File 6-11 Mayor McInnis read a letter from the law offices of Sturgis, Den-Dulk, Douglass and Anderson outlining their opinion that the City could form an assessment district under the Majority Improvement Act of 1931. This would eliminate the circulation of petition and so forth. Messers. Bob Bettini, Wallace Marshall, Warren Wedekind, Everett Murphy and Ben Geister stated to the Council that they believed there would be very little opposition to the formation of the district. On motion of Councilman Jensen, seconded by Councilman Menary, the firm of Sturgis, Den-Dulk, Douglass and Anderson were appointed as attorneys and Dan Coleman and Associates were appointed as Engineer's of Work. City Manager, Dan Andersen was directed to notify the above as to the Council's decision to proceed immediately in the formation of a drainage district for the Bret Harte Area, under the Majority Improvement Act of 1931. RE: LANDSCAPE PROPOSAL - FAIRHILLS File 9-3-66 Mr. Sam Gardiner presented plans and proposal for beautification of an island on Fairhills Drive. After discussion, the Council requested Mr. Gardiner to discuss with Parks Director, Joseph Rodota, the landscaping with the idea of no up -keep. 10 RE: BELLAM BOULEVARD EXTENSION File 2-2 3ellam Blvd. Ext. RESOLUTION NO. 2566 - RESOLUTION ACCEPTING DEED TO REAL PROPERTY. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2569 - RESOLUTION ACCEPTING DEED TO REAL PROPERTY Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Council authorized City Clerk to request the Board of Supervisors to cancel taxes on parcels 17-101-17 and ptn. 17-101-15. RE: USE OF SETBACK STRIP - MILL STREET File 2-11 Request of Leon Felton to use 5' 6" setback on Mill Street for building construction was granted. RE: TERRA LINDA VALLEY UNIT III File 5-1-86 On motion of Councilman Jensen, Seconded by Councilman Aby, the Mayor and City Clerk were authorized to execute an agreement for maintenance of subdivision improvements in Terra Linda Valley Unit III. RE: RACQUET CLUB ESTATES File 6-6 Edwin Ness, Attorney for assessment district presented the Certificate of Engineer to be filed certifying the completion of improvements. RESOLUTION NO. 2567 - RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION IN RAFAEL RACQUET CLUB ESTATES ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALI- FORNIA. ALI- FORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PETITION TO AMEND PROCEEDINGS WAS FILED File 6-6 The final amendment Estimate of Engineer Cost for aquisition and construction was filed. RESOLUTION NO. 2568 - RESOLUTION AMENDING ENGINEER'S ESTIMATE OF COST OF IMPROVEMENTS TO BE ACQUIRED AND CONSTRUCTED IN RAFAEL RACQUET CLUB ESTATES ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: MAINTENANCE OF RAFAEL RACQUET CLUB ESTATES IMPROVEMENTS File 5-1-87 & 5-1-94 On motion of Councilman Menary, seconded by Councilman Jensen, the Council by unanimous vote authorized the Mayor and City Clerk to execute agreement for maintenance of subdivision improve- ments. RE: ZONING ORDINANCE (Fire Zone) File 10-1 An ordinance amending Section 12.04.010 of the Municipal Code of the City of San Rafael, California, by establishing fire zones in said city consistent with the dependent upon permitted land uses, and numbering Charter Ordinance No. 746 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None' RE: MARIN-BAY UNIT I - SALE OF UTILITIES File 6-7 On motion of Councilman Jensen, seconded by Councilman Aby, the Council by unanimous vote authorized the Mayor and City Clerk to sign a Bill of Sale for the conveyance of electric and gas facilities but excepting the light standards, to the Pacific Company for the sum of $2.00. RE: FINAL ADOPTION ORDINANCE NO. 743 File 9-8 x 11-16 CHARTER ORDINANCE NO. 743 - An ordinance amending Section 10.64.040 of the Municipal Code of the I City of San Rafael regulating the placing and maintenance of signs and advertising display, and number- ing Charter Ordinance No. 743 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: RECORD OF SURVEY MAP #50 SONOMA STREET File 5-4-2 A record of survey map covering a codominium type apartment house at 50 Sonoma Street was presentedfor approval by Arthur R. Nicolaisen. r"•. s On motion of Councilman Jensen, seconded by Councilman Aby, the record of survey map was approved. Ayes: Councilmen: Aby, Baar, Jensen, plenary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FIRE COMMISSION File 12-3 By resolution the Fire Commission requested authorization to purchase without public bid a complete fire alarm control board and equipment. The preferred equipment would cost approximately $6,334.57. On motion of Councilman Jensen, seconded by Councilman Aby, the Council approved the request. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None HE: IMPROVEMENT OF FOURTH STREET - MARY TO UNION File 11-15 Wilkins Post #37, of the American Legion requested help from the City to formulate plans for the improvement of Fourth Street from Mayr to Union Streets and what their cost would be. Council directed City Manager Dan Andersen, and Supervisor of Public Works, Norris Rawles to contact owners of property to ascertain whether the improvement could be done without the for- mation of an assessment district. RE: FRONTAGE ROAD ON ROUTES 1 AND 69 File 11-16 The State of California, Department of Public Works filed a notice of intention to relinquish portions of State Highways together with descriptions and maps. RE: EBASCO REPORT File 4-3-18 Mayor McInnis announced there would be a public hearing on the report of Ebasco, Monday, March 12th at 8:00 o'clock P.M., in the Council Chambers. RE: APPEAL OF STANLEY DOWNIE File 10-6 Public hearing set for Monday, March 19th at 8:00 P.M. All cl6ims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated March 5th, 1962, and now on file in the Clerk's office to which reference is hereby made for further particulars: GENERAL FUND $ 24,291.38 PARKS FUND 136.96 SPECIAL REC. PROGRAM FUND 464.00 EMPLOYEE RETIREMENT FUND 6,851.46 EQUIPMENT & REPLACEMENT FUND 653.68 MARIN BAY ASSESSMENT DISTRICT 112.25 RAFAEL RACQUET CLUB ESTATES UNIT TWO 13,887.42 WHITE OAKS ASSESSMENT DIST. 3,463.00 $ 49,860.15 Mayor McInnis and members of the Council requested that there be inscribed on the minutes of the Counci that the meeting was adjourned in honor of Victor W. Jones, (deceased March 1st) in recognition of his interest and never ceasing work in behalf of the City and Community. Council adjourned to Monday, March 12th at 8:00 o'clock P. M. . L. MORGAN,; C,i,y Clerk W. C. CORNWELL, Deputy City Clerk �77�r / Approved this 1-5 day of MAYOR OF THE CITY OF SAN RAFAEL 0 In the Council Chambers of the City of San Rafael, Monday, March 12th, 1962 at 8:00 P. M. Council Met Pursuant to Adjournment: RE: PUBLIC HEARING - CITY HALL File 12-2 Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman Public hearing on Ebasco Services, Inc. report on a long-range prearchitectural facilities planning study for new City Hall was opened. Mayor McInnis outlined background leading up to obtaining the study and introduced Mr. E. G. Welch, Consultant for Ebasco Services, Inc. who explained the scope of the report and proposed site locations. The following persons brought up various questions which were answered by Mr. Welch and members of the Council: Jack Schneider, M. J. France, Irving Litchfield, Phillip Kennedy, Kenneth Proctor, Georg!Banning, Harry Albert, Frank Howard, Robert Severin, Fred D. Cook, David Campbell and Mr. Wood. Members of the Council gave their views and Mayor McInnis announced that the Council would continue deliberation to an early solution of the many problems. RE: DREDGING SAN RAFAEL CANAL File 12-10 Robert Green, Mr. L. Weisenburg, William Parnow and Rudy Lang discussed the dredging being started by U. S. Corp of Engineers of San Rafael Canal, requesting that dredging follow the pre- sent channel. Referred to City Attorney. Council adjourned. W. L. MORGAN, C'ty Clerk Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, March 19th, 1962 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman David Menary, Jr., Councilman Absent: Fred E. Jensen, Councilman On motion of Councilman Menary, seconded by Councilman Baar, the minutes of March 5th and March 12th, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: PUBLIC HEARING - APPEAL OF STANLEY DOWNIE File 10-6 Public hearing on appeal of Stanley Downie from decision of Planning Commission on his application for three (3) lots subdivision on Bret Harte Road was declared opened. City Planner, James Garrett briefed the Council on action before the Planning Commission. Harold H. Fulkerson, attorney, appeared on behalf of Mr. Downie. On motion of Councilman Menary, seconded by Councilman Aby, the matter was referred back to the Planning Commission for reconsideration and public hearing was continued to 8:00 o'clock P.M. April, 2nd, 1962. RE: CONTRACT FOR 9 AUTOMOBILES File 4-2-46 City Manager, Dan Andersen reported on bids received for the purchase of 9 automobiles. RESOLUTION NO. 2570 - RESOLUTION AWARDING CONTRACT FOR 8 COMPACT AUTOMOBILES AND ONE V-8 AUTOMOBILE Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: RECREATION CONTRACT WITH SCHOOL DISTRICT File 4-7 These items were removed from the agenda having been authorized at February 5th meeting. RE: COMMUNICATION EQUIPMENT SERVICE AGREEMENT File 4-3-20 City Manager, Dan Andersen presented contract for servicing communications equipment with General Communication Engineering. On motion of Councilman Aby, seconded by Councilman Baar, Council authorized execution of the agreement subject to clarification of obtaining channel from Federal Commission. RE: SUN VALLEY PARK - FLOOD DAMAGE File 9-3-65 x 12-9 Director of Parks and Recreation, Joseph Rodota reported on damages to Sun Valley Park caused by debris and stoppage in catch basin caused by the developers of White Oaks Subdivision. Mr. Fred L. Krabbe, Engineer for the developers reported that steps were being taken to correct the conditions. On recommendation of City Attorney, A. E. Bagshaw, the matter was continued to next Council meeting. RE: BRET HARTE DRAINAGE ASSESSMENT DISTRICT File 6-11 Edwin N. Ness, attorney presented documents and explained proceedings to be taken for the formation of the assessment district. Map showing boundaries of the district proposed to be assessed for improvements was presented and filed. Edwin N. Ness, attorney explained that the district was to be formed under the provisions of the Municipal Improvement Act of 1913 with bonds issued under the provisions of the Improvement Act of 1911. Mayor McInnis inquired if there was anyone present who objected to the district being formed under these acts. No objections were voiced. RESOLUTION NO. 2571 - RESOLUTION OF PRELIMINARY DETERMINATION THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND ACQUISITION OF IMPROVEMENTS IN BRET HARTE DRAINAGE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Aby, Baar, Menary and Ma;,or McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RESOLUTION NO. 2572 - RESOLUTION APPOINTING ENGINEER OF WORK AND AUTHORIZING EXECUTION OF AGREEMENT. Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RESOLUTION NO. 2573 - RESOLUTION APPOINTING PERSON TO PREPARE SPECIAL ASSESSMENT PROCEEDINGS AND AUTHORIZING EXECUTION OF AGREEMENT. Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: MARIN BAY IMPROVEMENT DISTRICT NO. 2 File 6-10 Kenneth I. Jones, attorney for the improvement district presented documents and explained the proceedings necessary in formation of the district. Petition of the owners of the land re- questing to undertake the proceedings was presented and filed. Certificate that petition for improvements exceeds 60% executed by Daniel P. Coleman, Engineer, was presented and filed. RESOLUTION NO. 2574 - A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION AND/OR CONSTRUCTION OF IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE. Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Coumcilmen: None Absent: Councilmen: Jensen RESOLUTION NO. 2575 - A RESOLUTION APPOINTING ENGINEER AND ATTORNEYS - MARIN BAY IMPROVEMENT DISTRICT NO. 2. Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RESOLUTION NO. 2576 - A RESOLUTION OF INTENTION TO ACQUIRE AND/OR CONSTRUCT IMPROVEMENTS BY SPECIAL ASSESSMENT AND ASSESSMENT BOND PROCEEDINGS. Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: FIRE ZONES File 9-8 CHARTER ORDINANCE NO. 746 - An ordinance amending Section 12.04.010 of the Municipal Code of the City of San Rafael, California, by establishing Fire Zones in said City consistent with and dependent upon permitted land uses, and numbering Charter Ordinance No. 746 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: ENEMARK ANNEXATION File 5-2-28 CHARTER ORDINANCE NO. 744 - An ordinance approving the annexation of certain uninhabited territory des- ignated "Enemark Annexation" to the City of San Rafael, and numbering Charter Ordinance No. 744 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: REZONING LA VISTA WAY File 10-1 CHARTER ORDINANCE NO. 745 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from an R-1 (Single Family Residential) District to an R-2(Duplex Residential) District, and numbering Charter Ordinance No. 745 was passed and adopted as an ordi- nance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: USE OF ALBERT FIELD - RENTAL AGREEMENT File 2-8 x 9-10 Rental Agreement with San Rafael Elks Club for one (1) day use of Albert Field was pre- sented. On motion of Councilman Baar, seconded by Councilman Menary, the Council by unanimous vote authorized the Mayor and City Clerk to execute the agreement. RE: TERRA LINDA UNIT NO. 9 PROPOSED ANNEXATION File 5-2-31 Letter and petition of Terra Linda Unit No. 9 Home Owners Association requesting Council's consent to circulate a petition requesting annexation to the City of San Rafael territory known as Terra Linda Unit No. 9 was presented. Referred to Planning Commission. RE: DAMAGES CAUSED BY N.W.P.R.R. TUNNEL COLLAPSE File 101 x 117 Petition of residents of Fair Drive and Chula Vista Drive relative to conditions caused at northerly entrance to the City caused by N.W.P.R.R. tunnel collapse was presented. Harry Barbier resident of the district spoke to the Council on the matter. After discussion by the Council with the City Attorney, and City Engineer, the matter was referred to the Public Works Department for investigation. RE: BELLE AVENUE SANITARY SEWERS - P. W. PROJECT NO. 53 File 4-1-85 Plans and specifications for Belle Avenue sanitary sewers, P. W. Project No. 53 were presented. RESOLUTION NO. 2577 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR BELLE AVENUE SEWER - PROJECT 53. Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: BUDGET FOR EXPENDITURES OF STATE GAS TAX ALLOCATION File 4-9 Budget for expenditures of State Allocation 5/86 Gas Tax Funds was presented. RESOLUTION NO. 2578 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING BUDGET FOR EX- PENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES. Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: AGREEMENT FOR IMPROVEMENT WORK - FAIRFAX GARDENS SUBDIVISIONS File 9-3-40 City Engineer, Dominic Selmi presented agreement and subdivision map for Fairfax Gardens Sub- divisions. The matter was discussed by the Council and referred back for further study by all City Departments concerned. RE: AGREEMENT AND BOND FOR IMPROVEMENTS OF LISBON STREET File 9-3-40 Agreement and bond for improvements on Lisbon Street was presented and explained by City En- gineer, Dominic Selmi. Referred back to the Public Works Department with recommendation to Planning Commission to waive bond condition. RE: TERRA LINDA VALLEY UNIT 4 File 5-1-88 Agreement for maintenance for subdivision and improvements, Terra Linda Valley Unit 4 was pre- sented. On motion of Councilman Aby, seconded by Councilman Baar, the Mayor and City Clerk were authorized to execute the agreement. RE: FINAL MAP TERRA LINDA SUBDIVISION UNIT 17 File 5-1-106 Final map of Terra Linda Subdivision Unit 17 was presented. RESOLUTION NO. 2579 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "TERRA LINDA UNIT #17" Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: MICHELFELDER VS. CITY OF SAN RAFAEL File 2-12 Charles Stuhr, attorney representing Mr. and Mrs. Frank Michelfelder, 470 Bret Harte Road appeared on behalf of Mr. and Mrs. Michelfelder relative to easement across their lands connecting to Bret Harte Road. After discussion, the matter was referred to City Attorney, A. E. Bagshaw. RE: WILKINS POST NO. 37 - AMERICAN LEGION File 102 Resolution of Wilkins Post No. 37, American Legion commending City Council for stand in pro- claiming Anti-Communist week was presented. RE: PERSONNEL - PARK DEPARTMENT File 9-3-66 Pursuant to request of Director of Parks and Recreation, Joseph Rodota, on motion of Council- man Baar, seconded by Councilman Aby, the Council by unanimous vote authorized permission to hire temporary personnel in Parks Department to replace Mario Soldavini during his sick leave. Pursuant to request of Norris Rawles, the Council authorized accumulation of vacation time beyond 21 day limit. File 9-3-40 CyiIrj, RE: CLAIM FOR DAMAGES - HENRY H. PIERCE File 3-1 Claim for damages, Henry H. Pierce due to claiments auto falling into drainage ditch at Emanuel Freitas Parkway, Las Gallinas was presented. Ordered referred to City Attorney. RE: CLAIM FOR DAMAGES - SADIE E. SLAUSON File 3-1 Claim for damages filed by Sadie E. Slauson for personal injury due to fall on sidewalk in front of 10 Spring Grove Avenue was presented and ordered referred to insurance carrier. RE: CITY HALL File 12-2 Mayor McInnis asked if the Council was ready to take action relative to new City Hall loca- tion. The matter was ordered to be placed on the agenda for next Council meeting. RE: GENERAL PLAN File 115 The Council discussed the San Rafael General Plan. On motion of Councilman Aby, seconded by Councilman Baar, the Council by unanimous vote directed that request be made to the State of California re the recreation study being made to be amended to become a General Plan. RE: AMERICAN RED CROSS File 9-5-A Pursuant to letter dated March 16, 1962 from the Marin County Chapter American Red Cross, the Council granted permission for use of property owned by the City for disaster exercises planned to be held Wednesday, April 25th, 1962. RE: VARIANCE PERMIT NO. 587 - RALPH B. PRIESTLEY File 10-4 The Council set date for public hearing on Variance Permit No. 587 for 8:00 o'clock P.M., Monday, April 2nd, 1962. All claims approved by the Finance Committee were presented and warrants drawn for same as appears from the Advice on Warrants dated March 19th, 1962, and now on file in the Clerk's office to which reference is hereby made for further particulars: Council adjourned. GENERAL FUND $ 7,555.50 SPECIAL RECREATION PROGRAMS FUND 26.00 PARKS FUND 138.69 EQUIPMENT & REPLACEMENT FUND 2,334.39 PARKING DISTRICT NO. 1 109.25 WHITE OAKS UNIT TWO ASSESSMENT DIST. 5,643.00 MARIN BAY IMPROVEMENT DISTRICT 4,733.71 $ 20,540.54 W. L. MORGAN, City//Clerk Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, April 2nd, 1962 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman On motion of Counc8lman Menary, seconded by Councilman Aby, the minutes of March 19th, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: OPENING OF BIDS - BELLE AVENUE SEWER P. W. 53 File 4-1-85 The following bids were received, opened and read: McGuire & Hester (Oakland) $ 21,119.10 Lee Mach Paving Company 20,123.90 V. Maggiora & Son (Sausalito) 26,177.50 Linscott Co., Inc. (San Rafael) 23,154.05 Soiland Co. (Novato) 22,136.00 M. Weber (Hayward) 27,913.55 Ray Anderson (Santa Rosa) 26,851.20 Piombo Bros. (San Rafael) 24,670.71 Kirkwood-Bly Inc. (Santa Rosa) 19,962.50 RESOLUTION NO. 2580 RESOLUTION OF AWARD OF CONTRACT. (Kirkwood-Bly Inc.) Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CONTINUATION OF APPEAL OF STANLEY DOWNEY File 10-6 Hearing was re -opened and City Planner, James Garrett briefed the Council on Planning Com- mission action. City Attorney, A. E. Bagshaw reported on what would result if the approval of the subdivision were granted. Hearing was declared closed. On motion of Councilman Aby, seconded by Councilman Jensen, the appeal of Stanley Downey for the subdivision of three lots on Bret Harte Road was denied. RE: PUBLIC HEARING - VARIANCE PERMIT NO. 587 - RALPH B. PRIESTLEY File 10-4 The hearing was declared opened. City Planner, James Garrett briefed the Council on the reasons of the Planning Commission to deny the application for variance. Ralph B. Priestley, Architect described the proposed development and presented architectural drawings in support of his argument. The hearing was declared closed. On motion of Councilman Jensen, and seconded by Councilman Baar, Variance Permit No. 587 was granted. Ayes: Councilmen: Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: Aby Absent: Councilmen: None RE: BRET HARTE DRAINAGE ASSESSMENT DISTRICT File 6-11 No one appearing either for or against, this was ordered held over until April 16th, 1962. RE: FLOOD DAMAGE - SUN VALLEY PARK File 9-3-65 x 12-9 Mr. Fred L. Krabbe, Engineer, reported he had contacted the developers and contractor of White Oaks Unit II and they had promised to clean up the debris in Sun Valley Park this week. On motion of Councilman Menary, seconded by Councilman Baar, the Director of Parks and Recrea- tion, Joseph Rodota, and Supervisor of Public Works, Norris Rawles, were authorized to notify the contractor to clean up the debris by the end of this week and if it werenot so done then the City would do the job and bill the responsible parties. RE: CITY HALL SITE CONSIDERATION File 12-2 City Manager, Dan Andersen reported that Dan Coleman, Engineer, had expressed his thoughts regarding the Ebasco Report stating he believed it was good and was feasible. Eugene O'Connor expressed his opinion that the site was to valuable. George Kruz reported that the Chamber of Commerce had adopted a resolution stating that the site as proposed by Ebasco is a good one. Tom O'Toole, Jack Farrar and Ralph Crocker all spoke in favor of the site. On motion of Councilman Menary, seconded by Councilman Aby, the Council accepted the Ebasco re- commendation for the City Hall site. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None On motion of Councilman Menary, seconded by Councilman Baar, City Manater, Dan Andersen was directed to get appraisals on the properties between 5th and Mission Streets from the Library property to C Street and also on the present City Hall site. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: TERRA LINDA 9 ANNEXATION File 5-2-31 RESOLUTION NO. 2581 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS "TERRA LINDA NO. 9." On motion of Councilman Aby, seconded by Councilman Menary Resolution No. 2581 was approved as revised by City Attorney, A. E. Bagshaw. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT CHULA VISTA TERRACE LOT 149, Lot 150 & Lot 1.51 File 2-11 On motion of Councilman Jensen, seconded by Councilman Aby, the three (3) encroachment permits for the above listed lots were approved. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FAIRFAX GARDENS SUBDIVISION File 5-1-107 RESOLUTION NO. 2582 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "FAIRFAX GARDENS" Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None On motion of Councilman Jensen, seconded by Councilman Baar, the City Clerk and Mayor were authorized to execute the agreement for the completion of the improvements. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: AMENDMENT TO ZONING ORDINANCE - INCREASED OFF STREET PARKING IN MULTIPLE RESIDENTIAL DISTRICTS File 10-3 Public hearing set for April 16th. RE: LAS COLINDAS File 11-15 Tentative map with proposed street improvement plans was presented for the Council's approval in anticipation that the final map with improvements would be annexed to the City. It was referred back to the Planning Commission to insist that the streets be constructed to City standards. RE: FRANCISCO BOULEVARD PROPOSED ASSESSMENT DISTRICT File 6-0 Fred L. Krabbe, Engineer of proposed assessment district inquired as to service fees to be charged by the City. After discussion, the matter was referred to department heads affected for study and recommendation of schedule of service fees to be charged for the City's services in formation of assessment districts. RE: PLANS AND SPECS - FIVE (5) POLICE AUTOMOBILES File 9-3-12 Held over. RE: PERSONNEL File 7-5 Council authorized employment of Daniel A. Meyerson, as Police Officer, commencing April 1, 1962 at monthly salary of $458.00. Council authorized employment of Mary Lou Jensen, Secretary, Police Department, commencing March 26, 1962, at monthly salary of $352.00. Councilman Charles Aby was granted permission to leave the State. RE: TRAFFIC PATTERN File 11-16 The Council directed the Traffic Committee to recommend a program to bring the traffic pattern as recommended by Dan Coleman and Associates into operation for the relief of the continu- ing congested traffic. RE: UNDERGROUND PUBLIC UT-I-LITIES File 12 Mayor McInnis and the Council recommended that conferences be held to formulate a program to have the existing overhead systems and the public utilities in new subdivisions be placed underground. o. RE: PUBLIC HEARING - MARIN COUNTY MOSQUITO ABATEMENT DISTRICT ANNEXATION File 9-5-M Notice was received and noted that a public hearing is to be held April 17th, 1962 at 3:30 P.M. o'clock in the Marin County Court House, whereas the Marin County Mosquito Abatement District intends the annexation of certain territory to the district. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated April 2nd, 1962, and now on file in the Clerk's office to which reference is hereby made for further particulars: GENERAL FUND $ 15,114.59 SPECIAL RECREATION PROGRAM FD. 348.00 PARKS FUND 81.23 EMPLOYEE RETIREMENT, FUND 6,980.00 EQUIPMENT & REPLACEMENT FUND 315.69 PARKING DIST. NO. 1 FUND 649.70 $-23,489.21 Council adjourned to Monday, April 16th, 1962 at 8:00 o'clock P.M. W. L. MORGAN,--tit ../ Clerk W. C. CORNWELL, Deputy City Clerk Approved this day of G�`` 19 7 MAYOR OF THE CITY OF SAN RAFAEL u p ) In the Council Chambers of the City of San Rafael, Monday, April 16th, 1962 at 8:00 o'clock P. M. Regular Meeting: Present: John F. McInnis, Mayor Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman Absent: Charles W. Aby, Councilman RE: APPROVAL OF MINUTES On motion of Councilman Baar, seconded by Councilman Menary, the minutes of April 2nd, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: PUBLIC HEARING ON AMENDMENT TO ZONING ORDINANCE - Filer0-6 x 10-1 Public hearing on amendment to zoning ordinance to increase off-street parking requirements in Multiple Residential Districts was declared opened. City Planner, James Garrett briefed the Council on study made by the Planning Commission and gave recommendations of the Planning Commission on off-street parking requirements. Public hearing was declared closed. An ordinance amending the Zoning Ordinance of the City of San Rafael, California, by amending Section 14.64.020 (a) , 8 and Section 14.72.060 (c) of the Municipal Code of the City of San Rafael, California, describing off-street parking requirements for multiple dwellings, and number- ing Charter Ordinance No. 747 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Aby RE: MARIN BAY IMPROVEMENT DISTRICT NO. 2 On request of engineer for the district, this item was withdrawn from the agenda. RE: SELECTION OF LANDSCAPE ARCHITECT FOR GLENWOOD PARK File 9-3-65 x 2-1-24 On request of Joseph Rodota, Director of Recreation and Parks, this item was held over. RE: BUDGET TRANSFER - PARKS DEPARTMENT - File 8-5 Pursuant to request of Joseph Rodota, Director of Recreation and Parks, the Council authorized transfer of $50.00 from Budget Account 66-252 to 66-260 and transfer of $750.00 from budget account 66-670 to 66-265. RE: ENCROACHMENT PERMIT - GUY DURYEE - File 2-11 The Council authorized encroachment permit to Mr. Guy Duryee to construct parking platform within right-of-way on Courtright Road. RE: FIFTH AVENUE SANITARY SEWER P. W. PROJECT 52 - File 4-1-86 Plans and specifications for Fifth Avenue and Forbes Avenue Sanitary Sewers P. W. Project 52 were presented. RESOLUTION NO. 2583 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR FIFTH AVENUE AND FORBES AVENUE SANITARY SEWERS - PROJECT 52. Ayes: Councilmen: Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Aby RE: GLENWOOD SUBDIVISION UNIT 4 - EXTENSION OF TIME TO COMPLETE IMPROVEMENTS - File 5-1-95 Pursuant to recommendation of Public Works Department, on motion of Councilman Jensen, seconded by Councilman Baar, the Council authorized extension of time to complete improvements in Glenwood Subdivision Unit 4. RESOLUTION NO. 2584 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK, GLENWOOD UNIT 4 Ayes: Councilmen: Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen Aby RE: OAK WOODLANDS SUBDIVISION UNIT II - File 5-1-108 Final map for Oak Woodlands Subdivision Unit II was presented together with agreement and bond for completion of improvement work. Councilman Jensen moved, seconded by Councilman Menary that the $200,000.00 construction cost on the bond includes the water system, but the inspection fee is based on actual improvement cost of facilities to be owned by the City is $176,000.00. This latter figure of $176,000.00 was to be used to compute the inspection fee. { RESOLUTION NO. 2585 - RESOLUTION APPROVING FINALMAP OF SUBDIVISION ENTITLED 'SOAK WOODLANS UNIT TWO" Ayes: Councilmen: Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Aby RE: ONE-WAY STREET PLAN - File 11-14 Supervisor of Public Works, Norris Rawles, and City Engineer, Dominic Selmi presented a pro- posed one-way street plan for Council consideration. The matter was discussed together with necessity for the acquisition of right-of-way to eliminate bottlenecks at both Easterly and Westerly ends of the proposed one-way street system. Councilman Menary moved, seconded by Councilman Jensen, to install the one-way street system. Ayes: Councilmen: Menary and Jensen Noes: Councilmen: Baar and Mayor McInnis Absent: Councilmen: Aby The motion failing to carry, the matter was referred to City Manager to obtain appraisals on right-of-way necessary for both EAsterly and Westerly ends of the system. RE: LEASE AGREEMENT - SAN RAFAEL YACHT CLUB - File 2-8-11 On motion of Councilman Jensen, seconded by Councilman Menary, the Council by unanimous vote authorized the Mayor and City Clerk to execute on behalf of the City, lease to San Rafael Yacht Club for portion of City lands on the turning basin off Francisco property. RE: POLICE AUTOMOBILES - File 4-2-47 Plans and specifications for five (5) Police Automobiles were presented. RESOLUTION NO. 2586 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR AUTOMOTIVE EQUIPMENT. Ayes: Councilmen: Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Aby RE: APPEAL FROM DECISION OF PLANNING COMMISSION - WILLIAM S. NEAL, M.D.- File 10-5 The Council set date for public hearing on appeal of William S. Neal, M.D.from the decision of the Planning Commission on use Permit No. 897 for 8:00 o'clock P.M., Monday, May 7th, 1962. RE: APPEAL FROM DECISION OF PLANNING COMMISSION - RICHARD M. BUSSEY - File 10-6 The Council set date for hearing of appeal by Richard M. Bussey from decision of the Planning Commission on application to subdivide property on Southern Heights Boulevard for 8:00 o'clock P.M., Monday, May 7th, 1962. RE: REZONING REQUEST - M. CORPORATION - PARCEL 17-072-03 EAST SAN RAFAEL - File 10-3 The Council set hearing date on request by M. Corporation for rezoning Assessor's Parcel No. 17-072-03 in EAst San Rafael for 8:00 o'clock P.M., Monday, May 7th, 1962. RE: RELINQUISHMENT OF PORTION OF STATE HIGHWAY - File 11-16 Notice of the State Department of Public Works to relinquish a portion of the State Highway adjacent to Manuel T. Freitas Parkway Road connection and connecting road between said Parkway and Los Ranchitos Road was presented. RE: CARD ROOM PERMIT - CLAYTON HAYMART - File 9-10 Letter of Chief of Police, Charles J. Chiesa relative to Clayton Haymart permit to operate a card room at 877 Fourth Street, reporting of violations of ordinance taking place in the pre- mises was presented. On motion of Councilman Menary, seconded by Councilman Baar, the Council by unanimous vote authorized the Mayor to address a letter to Clayton Haymart relative to violations and set hearing date on the matter for 8:00 o'clock P.M., Monday, May 7th, 1962. RE: PERSONNEL - File 7-5 The Council authorized temporary employment of Clarence E. Malone to be placed on the regular payroll as groundsman at monthly salary of $377.00 commencing April 4th, 1962. RE: MARINE AFFAIRS CONFERENCE RECOMMENDATIONS - File 120 Resolution endorsing the Northern California Marine Affairs Conference recommendation relat- ing to Congressional appropriations was presented. RESOLUTION NO. 2587 - RESOLUTION ENDORSING THE NORTHERN CALIFORNIA MARINE AFFAIRS CONFERENCE RECOMMENDA- TIONS RELATING TO CONGRESSIONAL APPROPRIATIONS. Ayes: Councilmen: Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Aby RE: BUDGET APPROPRIATIONS AND TRANSFERS - File 8-5 The Council authorized budget appropriations to the following accounts for items authorized by the Council not included in current budget: Bud get AIC Amount 16-270 $ 1,000.00 25-270 5,000.00 25-265 1,329.00 25-275 260.00 25-350 5,000.00 80-700 14,859.00 80-700 1,695.00 Total $ 29,143.00 The Council also authorized the following budget transfers; no appropriations needed: From A/C 41-100 to 44-100 $ 150.00 41-100 to 49-100 500.00 " 41-100 to 52-100 500.00 " 30-265 to 30-210 500.00 RE: PARKING LOT ON BATH HOUSE PROPERTY - File 12-14 City Manager, Dan Andersen, reported on damages to the entrance gate at parking lot on Bath House Property, informing the Council on types of equipment available and necessity for immediate action to protect City from loss of revenue from the parking lot. The City Manager was instructed to obtain estimate of cost for installation of proper equipment. RE: PERSONNEL CLASSIFICATION AND SALARY PLAN The Council agreed to meet informally April 30th, 1962 at 5:00 o'clock P.M. to discuss pro- posed classification and salary plan for City employees. RE: CITY HALL SITE - File 12-2 The City Manager reported on proposed City Hall financing and appraisal and was instructed to invite architects to submit tentative sketches for the proposed new City Hall. RE: CITY PROPERTY ADJACENT FOURTH AND UNION STREETS - File 10-3 The Council set date for hearing on rezoning of lands owned by the City adjacent to Fourth and Union Streets for 8:00 o'clock P.M., Monday, May 7th, 1962. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated April 16th, 1962, and now on file in the Cle rks office to which reference is herey made for further particulars: Council adjourned. GENERAL FUND $ 22,654.70 PARKS FUND 446.74 SPECIAL RECREATION PROGRAMS FD. 29.12 EQUIPMENT & REPLACEMENT FUND 1,350.40 PARKING DIST. NO. 1 FUND 82..09 EMPLOYEES RETIREMENT SYSTEM FD 326.25 MARIN BAY ASSESS. DIST. NO. 1 331.55 RAFAEL RACQUET CLUB ESTAT$S UNIT 2 11,500.49 $ 36,721.34 Approved this W.L. HORtAN, City C I erk day of 17 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, May 7th, 1962 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman On motion of Councilman Jensen, seconded by Councilman Menary, the minutes of April 16th, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: BIDS - FIVE (5) POLICE AUTOMOBILES - File 4-2-47 The following bids were received, opened and read: A Ames Ford Sales 11,480.56 Rossi Garage Inc. 11,832.13 DeLong Chevrolet 11,883.66 Bianco Motors 14,212.80 RESOLUTION NO. 2587 RESOLUTION AWARDING CONTRACT FOR THE FURNISHING OF AUTOMOTIVE EQUIPMENT. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BIDS - FIFTH AVENUE SANITARY SEWERS - File 4-1-86 The following bids were received, opened and read: E. T. Haas Company - Belmont, Calif. 9,509.50 McGuire Hester- Oakland 14,108.00 Jardin Jardin, Castro Valley 11,094.00 V. Maggiora & Son Inc. , Oakland 12,564.00 Prodanovich Inc., Oakland 18,287.00 Wilson & Chadwick, San Rafael 11,979.25 Piombo Bros., San Rafael 9,570.17 RESOLUTION NO. 2588 - RESOLUTION OF AWARD OF CONTRACT. (E. T. Haas Company) Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - USE PERMIT #897 - File 10-5 Public hearing was declared opened. City Planner, James Garrett briefed the Council on the granting of said permit. There being no one appearing against, the granting of the permit, on motion of Councilman Aby, seconded by Councilman Jensen, the decision of the Planning Commission was upheld. RE: REZONING PARCEL 17-072-03 - M. CORPORATION - File 10-3 Public hearing was declared opened. City Planner, James Garrett briefed the Council on the Planning Commission's action. Mr. Gordon Brown of Frank Howard Allen & Son representing the M. Corporation presented a petition of the adjoining property owners in favor of the rezoning and explained the proposed use. There being no further proponents the hearing was closed. On motion of Councilman Menary and seconded by Councilman Aby, the decision of the Planning Commission was upheld. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CLAYTON HAYMART - VIOLATION OF THE CARD ROOM PERMIT - File 9-10 Public hearing was declared opened. Mr. Haymart was questioned by City Attorney, Albert Bagshaw and denied the violations as charged. The hearing was continued to 10:00 P.M., Ma 28th. RE: REZONING CITY PROPERTY FOURTH & UNION STREETS - File 10-3 Public hearing was declared opened. James Garratt, City Planner briefed the Council on the Commission's decision. Hearing was closed and referred the matter back to the Planning Commission to include parking in the rezoning. RE: BILLOU STREET REPAIR - File 11-15 A resident in the Bret Harte area brought to the Council's attention the breaking down of the pavement and curb on Billou Street near Hart Street causing water to stand. The matter was referred to Public Works Department for investigation. Allowance for B Dodges 10,663.12 4,950.00 11,020.93 2,954.00 11,152.54 13,206.70 4,000.00 RESOLUTION NO. 2587 RESOLUTION AWARDING CONTRACT FOR THE FURNISHING OF AUTOMOTIVE EQUIPMENT. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BIDS - FIFTH AVENUE SANITARY SEWERS - File 4-1-86 The following bids were received, opened and read: E. T. Haas Company - Belmont, Calif. 9,509.50 McGuire Hester- Oakland 14,108.00 Jardin Jardin, Castro Valley 11,094.00 V. Maggiora & Son Inc. , Oakland 12,564.00 Prodanovich Inc., Oakland 18,287.00 Wilson & Chadwick, San Rafael 11,979.25 Piombo Bros., San Rafael 9,570.17 RESOLUTION NO. 2588 - RESOLUTION OF AWARD OF CONTRACT. (E. T. Haas Company) Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - USE PERMIT #897 - File 10-5 Public hearing was declared opened. City Planner, James Garrett briefed the Council on the granting of said permit. There being no one appearing against, the granting of the permit, on motion of Councilman Aby, seconded by Councilman Jensen, the decision of the Planning Commission was upheld. RE: REZONING PARCEL 17-072-03 - M. CORPORATION - File 10-3 Public hearing was declared opened. City Planner, James Garrett briefed the Council on the Planning Commission's action. Mr. Gordon Brown of Frank Howard Allen & Son representing the M. Corporation presented a petition of the adjoining property owners in favor of the rezoning and explained the proposed use. There being no further proponents the hearing was closed. On motion of Councilman Menary and seconded by Councilman Aby, the decision of the Planning Commission was upheld. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CLAYTON HAYMART - VIOLATION OF THE CARD ROOM PERMIT - File 9-10 Public hearing was declared opened. Mr. Haymart was questioned by City Attorney, Albert Bagshaw and denied the violations as charged. The hearing was continued to 10:00 P.M., Ma 28th. RE: REZONING CITY PROPERTY FOURTH & UNION STREETS - File 10-3 Public hearing was declared opened. James Garratt, City Planner briefed the Council on the Commission's decision. Hearing was closed and referred the matter back to the Planning Commission to include parking in the rezoning. RE: BILLOU STREET REPAIR - File 11-15 A resident in the Bret Harte area brought to the Council's attention the breaking down of the pavement and curb on Billou Street near Hart Street causing water to stand. The matter was referred to Public Works Department for investigation. RE: OAK WOODLANDS UNIT -1 1--A.S.S.ES-SMENT DISTRICT - File 6-12 The following documents were filed: 1. Petition for the acquisition of improvements and agreement. 2. Map Showing boundaries of district. 3.. Certificate of Sale & Strandgaard, Engineer of Work certifying that owners of 100% of prop- erty had petitioned for work. 4. Letter from Bala & Strandgaard accepting terms of the petition and agreeing to act without obligation to the City of San Rafael. 5. Letter from Special Bond Counsel, Sturgis, Den-Dulk, Douglass & Anderson agreeing to act without obligation to the City of San Rafael as a special Bond Counsel and Attorneys for the District. 6. Engineer's Estimate of Cast of Work. 7. Letter of Shaw, Hooker & Company offering to purchase bonds of said district. 8. RESOLUTION NO. 2589 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESS- MENT PROCEEDINGS FOR THE ACQUISITION OF IMPROVEMENTS IN OAK WOODLANDS UNIT TWO ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALI- FORNIA, AND SETTING TIME AND PLACE OF HEARING FOR DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR THE ACQUISITION OF SAID IMPROVEMENTS. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 9. RESOLUTION NO. 2590 - RESOLUTION OF INTENTION - IN THE MATTER OF THE ACQUISITION OF IMPROVE- MENTS IN OAK WOODLAMDS UNIT TWO ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilrre n: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 10. Engineer's report and assessment. 11. RESOLUTION NO. 2591 - RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT AND ORDERING THE AC- QUISITION OF IMPROVEMENTS, OAK WOODLANDS UNIT TWO ASSESSMENT DIS- TRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 12. Notice of Improvement. The date for Public hearing for the necessity for the acquisition for the improvements was set for Monday, May 28th. 13. Agreement to construct and install improvements in said district between the Marin Capital Company and A. G. Raisch Company, Contractors. RE: MARIN BAY IMPROVEMENT DISTRICT NO. II - File 6-10 RESOLUTION NO. 2592 - A RESOLUTION AMENDING RESOLUTION NO. 2574 AND RESOLUTION NO. 2576 - MARIN BAY IMPROVEMENT DISTRICT NO. 2. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Engineer's Report, Marin Bay Improvement District No. II was filed. RESOLUTION NO. 2593 - A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT - MARIN BAY IM- PROVEMENT DISTRICT NO. 2. Ayes: Councilmen: Aby, Baar, Jensei, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2594 - A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PRO- POSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE - MARIN BAY IMPROVEMENT DISTRICT NO. 2. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: NEW CITY HALL - ARCHITECTURAL SERVICES - File 12-2 Letter from architectural firms in San Rafael proposing that five (5) firms associate to design the new City Hall structure. Several other architects addressed the Council suggesting the possibility of contests under the direction of the A.I.A. The matter was held over. RE: BRET HARTE DRAINAGE ASSESSMENT DISTRICT - File 6-11 Mr. Edwin Ness of Sturgis, Den-Dulk, Douglass & Anderson presented the documents for the formation of the above district. Mr. Dan Coleman, Engineer of Work explained the timing of plans and work. Mr. Bob Bettini and Mr. Paul Giampi expressed their concern over the length of time of the formation of the district and the beginning of work. They requested that the City do some work on the ditches or portions of the program to protect the area for the coming winter. RESOLUTION NO. 2595 - RESOLUTION FINDING NECESSITY FOR CONSTRUCTION AND ACQUISITION OF DRAINAGE STRUCTURES FOR INHABITATION OF THE BRET HARTE DRAINAGE ASSESSMENT DISTRICT AREA, CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmev: None Absent: Councilmen: None RESOLUTION NO. 2596 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PRO- CEEDINGS FORTHE CONSTRUCTION AND ACQUISITION OF IMPROVEMENTS IN BRET HARTE DRAINAGE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AND SETTING TIME AND PLACE OF HEARING FOR DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR THE CONSTRUCTION AND ACQUISITION OF SAID IMPROVEMENTS. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2597 - RESOLUTION OF INTENTION TO ADOPT RESOLUTION OF INTENTION AND REQUESTING JURISDIC- TION OF THE COUNTY OF MARIN TO INCLUDE PROPERTY WITHIN THE TERRITORY OF THE COUNTY OF MARIN WITHIN THE BOUNDARIES OF BRET HARTE DRAINAGE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2598 - RESOLUTION OF INTENTION IN THE MATTER OF THE CONSTRUCTION AND THE ACQUISITION OF CERTAIN IMPROVEMENTS AND RIGHTS-OF-WAY IN BRET HARTE DRAINAGE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, STATE OF CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PROPOSED ANNEXATION - LOCH LOMOND HIGHLANDS - File 5-2-32 Mr. C. Parmelee reviewed with the Council a proposed annexation of approximately 100 acres adjoining Loch Lomond to the North. The Council had no objection. RE: SELECTION OF LANDSCAPE ARCHITECT FOR GLENWOOD PARK - File 12-15 Joseph Rodota, Director of Parks and Recreation briefed the Council on the recommendations of the Park and Recreation Commission regarding the employment of a landscape architect. On motion of Councilman Baar, seconded by Councilman Jensen, the firm of Ribera and Sue of Berkeley be employed and the improvement work to be done be limited to a maximum of $50,000.00. A motion was made by Councilmen Menary thatthe park formerly referred to as Glenwood Park be named the Victor W. Jones Memorial Park and was seconded by all other members of the Council and Mayor McInnis. RE: FORMATION CHULA VISTA TERRACE SEWER ASSESSMENT DISTRICT - File 6-13 Mr. Phillip S. Wickstrom presented a petition requesting that the firm of Sturgis, Den-Dulk, Douglass and Anderson be the special bond counsel and that J. Warren Nute be employed as En- gineer Qf Work for the formation and construction of a sewer assessment district in the Chula Vista Terrace area. Several residents of the area requested that street improvement be done at the same time. Charles Graham was delegated to procure a petition for the addition to the district of the street improvement work by May 28th. Petition was referred to Edwin Ness, attorney. RE: FREEWAY MAINTENANCE AGREEMENT ROUTE 1 VICINITY TERRA LINDA - File 4-8-6 RESOLUTION NO. 2599 - FREEWAY MAINTENANCE AGREEMENT - ROUTE 1 VICINITY TERRA LINDA. Ayes. Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 747 - PARKING REQUIREMENTS FOR MULTIPLE DWELLINGS - File 1-2 CHARTER ORDINANCE NO. 747 - An ordinance amending the zoning ordinance of the City of San Rafael, California, by amending Section 14.64.020 (a), 8 and Section 14.72-060 (c) of the Municipal Code of the City of San Rafael, California, describing off-street parking requirements for multiple dwellings, and numbering Charter Ordinance No. 747 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PROJECT NO. 53 - BELLE AVENUE SEWER - File 4-1-85 On motion of Councilman Menary, seconded by Councilman Baar, the Council allocated $675.15 additional funds for extra work in the above project. RE: ENCROACHMENT PERMIT - 39 MARTENS BOULEVARD - JAMES GUILDER COMPANY - File 2-11 On motion of Councilman Jensen, seconded by Councilman Aby, the encroachment permit was granted. RE: ENCROACHMENT PERMIT - WERNER K. MARTIN - File 2-11 On motion of Councilman Aby, seconded by Councilman Jensen, the encroachment permit was granted. RE: ENCROACHMENT PERMIT - KAEHLER ✓; FARRAR DEVELOPMENT FOURTH & C STREETS - File 2-11 Mr. Faradg Farr designer presented a model of the building to be constructed illustrating the portion for which the encroachment permit is requested. On motion of Councilman Aby, seconded by Councilman Baar, the Council granted the encroachment for the bay windows only and for a maximum of 36". Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT - STAN GOLDSMITH - CORNER THIRD AND GRAND - File 2-11 A representative from Electrical Products Corporation reviewed with the Council the request for an encroachment permit for the placement of a sign. No action taken. RE: GRACELAND PARK SUBDIVISION UNIT 1 - File 5-1-109 RESOLUTION NO. 2600 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "GRACELAND PARK" Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FRANCISCO BOULEVARD PARKING LOT - File 12-14 x 2-1-1 Damage to the entrance gate was discussed. Action held over. RE: APPEAL PLANNING COMMISSION DECISION UgE PERMITS - File 10-5 Use Permit #908 - San Rafael Associates Use Permit #907 - T. Perry Harper Use Permit #911 - Herbert Saxton Public hearing on the above appeals of planning commission set for May 28th. RF: CORRESPONDENCE: INSURANCE PROPOSED BUILDING AT GERSTLE PARK - File 9-6 City Manager, Dan Andersen was instructed to inform the Fire Commission that the City of San Rafael will extend its insurance to cover building and equipment. RE: CONTROL OF DOGS - File 13-3 Letters and petition regarding the control of dogs were read. City Manager, Dan Anersen was instructed to write interested parties that the Humane Society is preparing a uniform Leash Law. RE: TELEPHONE NUMERAL 1,YSTEM - File 103 City Manager, Dan Andersen was instructed to request a member of the Telephone Company to appear before the Council and give the reasons why the company has abandoned the lettering system and gone into the numeral system. RE: PERSONNEL - File 7-5 The Council authorized employment of August A. Nagel as Assistant Building Inspector at monthly salary of $520.00 effective April 23rd, 1962. RE: JOB CLASSIFICATIONS - File 7 The adoption of the proposed job classifications wa postponed. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated May 7th, 1962, and now on file in the Clerk's office to which reference is hereby made for further particulars: GENERAL FUND $ 15,389.01 CAPITAL IMPROVEMENT FUND 18,573.88 SPECIAL RECREATION PROGRAMS FUND 232.00 PARKS FUND 1,394.07 EMPLOYEE RETIREMENT FUND 6,945.90 EQUIPMENT & REPLACEMENT FUND 15,321.79 WHITE OAKS UNIT II ASSESSMENT DISTRICT 4,569.25 Council adjourned to Monday, May 28th, 1962. __L12, W. MORGAN, City Clerk Z . CORNWELL, Deputk City Clerk Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, May 28th, 1962 at 8:00 o'clock P. M. Adjourned Meeting: Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman RE: APPROVAL OF MINUTES On motion of Councilman Jensen, seconded by Councilman Aby, the minutes of May 7th, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: PUBLIC HEARING - RICHARD M. BUSSEY SUBDIVISION OF LOT ON SOUTHERN HEIGHTS BLVD. - File 10-6 Public hearing on appeal from decision of the Planning Commission concerning subdivision of lot of Richard M. Bussey on Southern Heights Blvd. was declared opened. City Planner, James Garrett briefed the Council on action taken by the Planning Commission. Mr. Bussey was present and informed the Council of his proposed development of the property. Public hearing was closed. Councilman Aby moved, seconded by Councilman Jensen, to overrule the decision of the Planning Commission and grant the appeal. Ayes: Councilmen: Aby, Jensen, Menary and Mayor McInnis Noes: Councilmen: Baar Absent: Councilmen: None RE: PUBLIC HEARING - OAK WOODLANDS UNIT A I ASSESSMENT DISTRICT - File 6-12 Public hearing on convenience and necessity and Engineer's Report and Assessment was declared opened. No protests were filed. Public hearing was closed. RESOLUTION NO. 2601 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN MARIN MUNICIPAL WATER DIS- TRICT AND CITY OF SAN RAFAEL. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None' Absent: Councilmen: None RESOLUTION NO - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE 6 THE IMPROVEMENTS IN OAK WOODLANDS UNIT TWO ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA, THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY AND DETERMINING THAT SUCH PROJECT SHALL PROCEED UNDER THE TERMS AND PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2603 - RESOLUTION AND ORDER APPROVING ENGINEERS REPORT, ORDERING THE ACQUISITION OF IM- PROVEMENTS AND CONFIRMING THE ASSESSMENT, OAK WOODLANDS UNIT TWO ASSESSMENT DIS- TRICT, CITY OF SAN RAFAEL, MARIN COUNTY, STATE OF CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2604 - RESOLUTION AUTHORIZING SALE OF BONDS. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - HEREBERT SAXTON - USE PERMIT NO. 911 - File 10-5 Public hearing on User Permit No. 911, Herbert Saxton was declared opened. City Planner, James Garrett briefed the Council on action before the Planning Commission. Mr. Saxton was present and informed the Council of his intended development of the property. Public hearing was closed. On motion of Councilman Baar, seconded by Councilman Jensen, the decision of the Planning Com- mission was overruled and use permit granted for a two year term. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - T. PERRY HARPER USE PERMIT NO. 907 - File 10-5 Public hearing on T. Perry Harper objecting to limitation placed by Planning Commission on Use Permit No. 907 was declared opened. City Planner, James Garrett briefed the Council on action before the Planning Commission. T. Perry Harper was present and spoke to the Council on the matter. Councilman Menary moved, seconded by Councilman Aby, to remove the one year limitation imposed by the Planning Commission. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ANNEXATION - LOCH LOMOND HIGHLANDS - File 5-2-32 Petition for annexation of territory known as Loch Lomond Highlands was presented. Tentative map of subdivision in the area was presented and on motion of Councilman Jensen, seconded by Councilman Menary, the Council by unanimous vote approved in principle street widths of 22 feet for the area due to steepness in the terrain, size of lots and excessive street frontage. RE: PACIFIC TELEPHONE & TELEGRAPH DIAL SYSTEM This item was removed from the agenda. Councilman Menary retired from the meeting at 9:00 o'clock P. M. RE: MICHAELFELDER VS. CITY OF SAN RAFAEL - File 2-12 City Attorney, A. E. Bagshaw made a verbal report to the Council on the matter. Superivisor of Public Works, Norris Rawles, informed the Council of needs for keeping the read way opened. Mr. Camp spoke to the Council relative to his ownership of the property. Charles Stuhr, attorney appeared on behalf of Mr. Michaelfelder. Petition opposing to proposed extension of Bret Harte Road signed by residents in the area was presented. Ordered held over until next meeting. Councilman Menary returned to the meeting at 9:45 P. M. RE: PUBLIC HEARING - FORMATION BRET HARTE DRAINAGE ASSESSMENT DISTRICT - File 6-11 Public hearing on public convenience and necessity for the formation of Bret Harte Drainage Assessment District was declared opened. Letter of Henry Hess Company requesting that lands of the Henry Hess Company be excluded from the district was presented and read. The following persons spoke protesting being included in the district: A. E. Bagshaw, attorney protested on behalf of Smith Brothers lands and his lands in the area. Mr. Sam Knowles, Louis Acqualini, Mr. Oliver, Mr. Roberts and Charles Lund spoke in opposition of their lands being included in the district. Mr. Baker spoke in favor of formation of the district. Public hearing was closed. Affidavit of publication of notice of public hearing was ordered filed. Edwin N. Ness, attorney for the proposed district presented the following documents. RESOLUTION NO. 2605 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY RE- QUIRE THE IMPROVEMENTS IN BRET HARTE DRAINAGE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA; THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, SHALL NOT APPLY ; AND DETERMINING THAT SUCH PROJECT SHALL PROCEED UNDER THE TERMS AND PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2606 - RESOLUTION OF INTENTION - RESOLUTION OF INTENTION IN THE MATTER OF THE CONSTRUC- TION AND THE ACQUISITION OF CERTAIN IMPROVEMENTS AND RIGHTS-OF-WAY IN BRET HARTE DRAINAGE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, STATE OF CALI- FORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - CLAYTON HAYMART CARD ROOM PERMIT - File 9-10 Continuation of public hearing, Clayton Haymart violation of card room permit was declared opened. City Attorney, A. E. Bagshaw questioned Mr. Haymart inquiring if Mr. Haymart had read the police reports and invited Mr. Haymart to give an explanation for the conduct at the es- tablishment. Chief of Police, Charles Chiesa and Police Officers Souza and Freitas informed the Council of their investigation and police work in the matter recommending that license be revoked. Public hearing was closed. Councilman Aby moved, seconded by Councilman Baar, that license be revoked. Ayes: Councilmen: Aby, Baar, Jensen and Mayor McInnis Noes: Councilmen: Menary Absent: Councilmen: None RE: ANNEXATION - MOSQUITO ABATEMENT DISTRICT Held over until next meetiing. 2.1 , RE: MARIN BAY IMPROVEMENT DISTRICT NO. 2 - File 6-10 Phillip Assaf, attorney appeared representing the District and the following documents were presented. RESOLUTION NO. 2607 - A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION TO MAKE CHANGES AND MODIFICATIONS - MARIN BAY IMPROVEMENT DISTRICT NO. 2. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Supplement to Engineer's Report and Assessment was presented and filed and amended copy of Engineer's Report was presented. RE: PROPOSED IMPROVEMENTS - LAS RAPOSAS ROAD - File 11-15 Phillip B. Lygren, Engineer and P. J. Tarrant, owner and developer of the lands, spoke to the Council relative to road widths. City Planner, James Garrett reported on previous problems and street widths of 24 feet now revised to 28 feet with grading to provide for 34 foot width road- ways On motion of Councilman Baar, seconded by Councilman Aby, the Council approved in principle the suggested road widths. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FRANCISCO BOULEVARD ASSESSMENT DISTRICT - Filed Edwin N. Ness, attorney for the proposed district spoke to the Council on formation of the district. Referred to Public Works Department for further study. RE: CHULA VISTA ASSESSMENT DISTRICT - File 6--14 E-13 Edwin Ness, attorney for the district reported to the Council on proposed district for sanita- tion facilities and Mr. Graham reported on interest of the people in the area for improvement of the streets in the district. Ordered held over. RE: MARIN PROFESSIONAL CENTER UNIT 2 - File 5-1-93 RESOLUTION NO. 2608 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: MARIN PROFESSIONAL CENTER UNIT 3 --File 5-1-96 RESOLUTION NO. 2609 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BLOSSOM COURT SUBDIVISION - File 5-1-110 RESOLUTION NO. 2610 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "BLOSSOM COURT' A,Oes: Councilmen:Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: NEWMAN HIGHLANDS SUBDIVISION - File 5-1-111 RESOLUTION NO. 2611 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "NEWMAN HIGHLANDS" Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT - BYRON JONES - 10 FAIR DRIVE - File 2-11 On motion of Councilman Jensen, seconded by Councilman Menary, the Council by unanimous vote approved encroachment permit to Byron Jones in Fair Drive. RE: ENCROACHMENT PERMIT NO. 34 - "WELCOME TO SAN RAFAEL" SIGN - File 2-11 Application for encroachment permit for welcome sign to San Rafael by various service clubs was approved subject to location of sign by Public Works Department. L Q l RE: ENCROACHMENT PERMIT - CLYDE BUILDING ASSOCIATION INCORPORATION - File 2-11 This item was removed from the agenda. RE: LOUISE STREET DRAINAGE CORRECTION = File 4-1-87 Plans and specifications for Louise Street drainage correction, P. W. Project 55 was pre- sented. RESOLUTION NO. 2612 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR LOUISE STREET DRAINAGE CORRECTION - PROJECT NO. 55. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: LINDARO STREET BOX CULVER - File 4-1-88 Plans and specifications for Lindar o Street Box culvert, P. W. Project 39 were presented. RESOLUTION NO. 2613 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR LINDARO STREET BOX CULVER - PROJECT NO. 39. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: STREET PAINTING AND STRIPING - File 4-2-48 Proposal forms and specifications for street painting and striping for fiscal year 1962-63 were presented. RESOLUTION NO. 2614 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR FURNISHING LABOR, MATERIAL, AND PAINTING CERTAIN LINES, MARKINGS AND LETTERING, Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: STREET MATERIALS - File 4-2-49 Proposal form and specifications for street materials for fiscal year 1962-63 were pre- sented. RESOLUTION NO. 2615 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR FURNISHING ROAD MATERIALS FOR PUBLIC WORKS DEPARTMENT FROM JULY 1, 1962 to JUNE 30, 1963. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING APPLICATION OF L. H. LINCOLN COMPANY - File 10-3 Public hearing on rezoning application of L. H. Lincoln Company for rezoning approximately 170 acres of San Rafael bay tidelands was set for 8:00 o'clock P.M., June 18th, 1962. RE: PUBLIC HEARING - REZONING APPLICATION OF MARIN COUNTY ABSTRACT & TITLE COMPANY - File 10-3 Public hearing on application of Marin County Abstract & Title Company for rezoning property situated between Bayo Vista Way and Scenic Avenue was set for 8:00 o'clock P.M.,June 18th, 1962. RE: CLAIM FOR DAMAGES BY HENRY H. PIERCE - File 3-1 Claim against City of San Rafael filed by Henry H. Pierce for damages to his automobile falling in drainage ditch which had been referred to City Attorney, A. E. Bagshaw was presented. Councilman Menary moved, seconded by Councilman Baar, that ''The Claim of Henry H. Pierce for damages, resulting from an accident alleged to have occurred on December 1, 1961 filed with the City on March 12th, 1962, having been duly considered , and the Council having found that the claim is not a proper charge against the City of San Rafael, and its also appearing that said claim was not filed with the City within 100 days of the time of said alleged accident, it is hereby moved that said claim be rejected, and that notice of said action be given to said claimant by the Clerk of this Council by sending to said claimant, at the address appearing in said claim, a certified written copy of this motion.'' RE: PROPOSED NEW CITY HALL - File 12-2 The Council acknowledged receipt of letter of architects proposal for services on a proposed new City Hall. RE: ACCESS ROAD TO PROPOSED GLENWOOD SCHOOL SITE - File 11-15 The Council acknowledged receipt of letter of Mrs. R. N. Curtis relative to access road to proposed Glenwood School site. RE: C1.AI.M _FOR .DAMAGES CHARLES J. JAI1E5 - F i 1 e 3-1 Claim for damages caused to automobile of Charles J. James with 3 estimates for costs of repairs was presented. Referred to City Attorney. RE: SAN RAFAEL VOLUNTEER FIRE DEPARTMENT - File 9-3-31 Mayor McInnis brought up letter received from Klein Electronics relative to letter received by Klein T. V. Service from L. C. Brooks, Secretary -Treasurer, San Rafael Volunteer Fire Depart- ment discussing the matter with the Council. Referred to City Manager with instructions for appropriate action. RE: SAN RAFAEL POLICE DEPARTMENT - File 9-3-30 Letter of commendation to San Rafael Police Department by Fred F. Enemark was read and acknowledged by the Council. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated May 28th, 1962, and now on file in the Clerk's office to which reference is hereby made for further particulars: Council adjourned. GENERAL FUND $ 18,529.58 SPECIAL RECREATION PROGRAMS FD. 128.99 PARKS FUND 671.37 EMPLOYEE RETIREMENT FUND 7,059.22 EQUIPMENT & REPLACEMENT FUND 1,764.61 CAPITAL IMPROVEMENT FUND 77.55 PARKING DISTRICT NO. 1 73.51 MARIN BAY IMPROVEMENT DIST. NO. 1 3,282.56 $ 31,587.39 W. L. MORGAN, 'Cit.y Clerk ly Approved this day of =�h 192',,` MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, June 4th, 1962 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W.Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman On motion of Councilman Jensen, seconded by Councilman Menary, the minutes of May 28th, 1962 a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. Councilman Menary retired from the meeting at 8:10 P. M. RE: MICHAELFELDER VS. CITY OF SAN RAFAEL - File 2-12 Charles Stuhr, attorney representing Mr. Michaelfelder discussed with the Council the ac- quisition of a right-of-way over Mr. Michaelfelder's property. Public Works was directed to make a survey for the extension of said street following approximately the travelled road as it now exists, report to be submitted on June 18th, meeting. A petition objecting to the proposed extension of Bret Harte Road was presented containing 23 signatures of residents in the immediate area. Councilman Menary returned to the meeting at 8:45 P.M. RE: PACIFIC TELEPHONE & TELEGRAPH DIALING SYSTEM - File 121 Mr. D. Horton introduced District Manager, Mr. Robert Flynn of the Pacific Telephone and Telegraph Company, who described the longe range program whicn necessitated the change of the letter prefix to the numerical system. This program is designed to keep up with the advancement of communications in the future. Mrs. Bostick and Mr. McCann expressed their opinion. After numerous questions, the Council thanked Mr. Flynn for his time and cooperation in explain- ing the complicated dialing system, and was requested to convey to the officials of the company that the City of San Rafael is not in accord with the change. RE: SAN RAFAEL VOLUNTEER FIRE DEPARTMENT - File 9-3-31 Mr. Richard Miehling, president of the San Rafael Volunteer Fire Department explained to the Council reasons for the letter written to Klein T. V. & Electronics. The Council directed Mr. Miehling with the assistance of the City Attorney, A. E. Bagshaw to design a heading for their stationery that would clearly signify that the department is not con- nected with the City government in any way. RE: POLICE DEPARTMENT - File 4-3-21 Chief C. Simpson presented his survey of the San Rafael Police Department and spoke briefly on the construction of the report and offered his services and assistance if needed in the future. The Council accepted the report. On motion of Councilman Aby, seconded by Councilman Jensen, City Manager, Dan Andersen was in- structed to write the City of Monterey and thank them for their cooperation in allowing their Chief to conduct the survey. Ayes: Councilme n: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ANNEXATION TO MOSQUITO ABATEMENT DISTRICT - File 5-2-23 RESOLUTION NO. 2616 - RESOLUTION OF INTENTION TO PETITION FOR ANNEXATION OF INCORPORATED TERRITORY OF THE CITY OF SAN RAFAEL TO THE MARIN COUNTY MOSQUITO ABATEMENT DISTRICT. Ayes: Louncilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Public hearing set for July 2nd, 1962, Monday at 8:00 o'clock P.M. RE: PARKING LOT - 2ND AND LINCOLN - File 12-14 City Manager, Dan Andersen was directed to obtain bids for the lease of a service station site on a portion of the above parking lot; lease to be for a period of 10 and 5 and 15 and 5 years. Supervisor of Public Works, Norris Rawles was directed to redesign the parking spaces and pre- pare new entrance into the lot off of Lincoln Avenue Extension. RE: REZONING CITY PROPERTY - FOURTH AND UNION - File 10-3 Public hearing was set for June 18th for the rezoning from R-3 Multiple Dwellings to C -2-H General Commercial District with parking requirements. RE: INTERSECTION - ROSS VALLEY DRIVE AND WEST FOURTH STREET - File 11-1 Mr. A. M. Dewey called the Council's attention to the hazard of making a left hand turn into the lane running easterly at Ross Valley Drive. No action. RE: PARK AND RECREATION COMMISSION - File 9-2-4 Council directed City Manager, Dan Andersen to place on the agenda for June 18th, the appointment of a member to the Park and Recreation Commission. RE: NEW CITY HALL - File 12-2 City Manager, Dan Andersen was instructed to forward to architects, seeking to design the new City Hall, the questionaire as suggested by the Ebasco with the request that answers be submitted by July 2nd, 1962. RE: FINANCING OF CITY HALL AND FACILITIES - File 12-2 City Manager, Dan Andersen was instructed to arrange a luncheon meeting for Friday, June 8th for discussion of the financing of the City Hall. RE: CLAIM OF CHARLES J. JAMES - File 3-1 City Attorney, A. E. Bagshaw submitted to the Council his report and recommendations. On motion of Councilman Jensen, seconded by Councilman Menary, the claim of Charles J. James was denied. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Council authorized employment of E. J. Johansson as Senior Engineering Aide at monthly salary of $427.00 effective June 1st, 1962. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated June 4th, 1962, and now on file in the Clerk's office to which reference is hereby made for further particulars: Council adjourned. GENERAL FUND $ 3,944-75 PARKS FUND 195.93 EQUIPMENT & REPLACEMENT FUND 250.38 $ 4,391.06 W/L. MORAN, -C,i t.r Clerk W.X. CORNWELL, Dept y City Clerk Approved this day of 19 - MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, June 18th, 1962 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman On motion of Councilman Jensen, seconded by Councilman Menary, the minutes of June 4th,1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: PUBLIC HEARING - REZONING BAYO VISTA WAY AND SCENIC AVENUE - File 10-3 Public hearing on Marin County Abstract Company proposed rezoning Bayo Vista Way and Scenic Avenue was declared opened. Roderic P. Martinelli, attorney, appeared on behalf of the owners and developers. John N. Rock- well, attorney, appeared representing property owners in opposition to the rezoning. Kenneth M. Proctor, A. E. Bagshaw, John Shean, Ronald Drew and Mrs. Bricker spoke on the matter and petition with 72 signatures of residents of the area in opposition to the rezoning was filed. After discussion by the Council, on motion of Councilman Baar, seconded by Councilman Aby, the matter was referred back to the Planning Commission for reconsideration of the rezoning and sub- division development. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - MARIN BAY IMPROVEMENT DISTRICT NO. 2 - File 6-10 Public hearing pursuant to Resolution No. 2607 of Preliminary Determination and Intention to Make Changes and Modifications in Marin Bay Improvement District No. 2 was opened. Kenneth Jones, attorney, for the district was present and presented the following documents: RESOLUTION NO. 2617 - A RESOLUTION ORDERING CHANGES AND MODIFICATIONS - Marin Bay Improvement District No. 2. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Public hearing was closed. Public hearing pursuant to Resolution No. 2594 Notice of Improvement was declared opened. Kenneth Jones, attorney, presented the following documents: RESOLUTION NO. 2618 - A RESOLUTION AND ORDER DETERMINING CONVENIENCE AND NECESSITY, ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT ORDERING THE WORK AND ACQUISITIONS - Marin Bay Improvement District No. 2. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Letter of Stone and Youngberg agreeing to purchase bonds was presented and filed. RESOLUTION NO. 2619 - A RESOLUTION AWARDING SALE OF BONDS - Marin Bay Improvement District No. 2. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Public hearing was closed. RE: PUBLIC HEARING ON APPLICATION L. H. LINCOLN CORPORATION FOR REZONING TIDELANDS WAS DECLARED OPENED - File 10-3 City Planner, James Garrett explained proposed rezoning presenting map and model of master plan for development of the area. Daniel Coleman, Engineer appeared on behalf of the developer and Mr. Lincoln, owner and developer, spoke to the Council on the proposed development of prop- erty in the area. Public hearing was closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by re- ference by Section 14.12.020 of the Municipal Code of the City of San Rafael, California, so as to reclassify certain real property from a "U" (Unclassified) District to a P -C (Planned Com- munity) District, and numbering Charter Ordinance No. 748 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 22 J RE: PUBLIC HEARING - REZONING CITY PROPERTY EAST OF FOURTH STREET - File 10-3 Public hearing on proposed rezoning of city owned property at the East end of Fourth Street was declared opened. City Planner, James Garrett explained the Planning Commission's recommended zoning for the area. Public hearing was declared closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by re- ference by Section 14.2.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from an R-3 (Multiple Family Residential) District to a C -2-H (General Commercial with Parking Requirements) District, and numbering Charter Ordinance No. 749 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: LOCH LOMOND HIGHLANDS ANNEXATION - File 5-2-32 Petition for annexation Loch Lomond Highlands was presented. RESOLUTION NO. 2620 - RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF SAN RAFAEL UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "LOCH LOMOND HIGHLANDS," AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: TERRA LINDA NO. 9 ANNEXATION - File 5-2-31 Resolution acknowledging receipt of Notice of Intention to circulate a Petition and approving circulation of petition was presented. RESOLUTION NO. 2621 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACKNOWLEDGING THE RE- CEIPT OF NOTICE OF INTENTION TO CIRCULATE A PETITION FOR THE ANNEXATION OF TERRI- TORY DESIGNATED AS TERRA LINDA NO. 9 AND AN AFFIDAVIT OF PUBLICATION THEREOF AND APPROVING THE CIRCULATION OF THE PETITION. Ayes: Councilmen: Aby, Baar, Noes: Councilmen: None Absent: Councilmen: None RE: STREET EASEMENT - File 2-2 Jensen, Menary and Mayor McInnis Supervisor of Public Works, Norris Rawles presented deed for street easement for portion of Locksley Lane in Loch Lomond Unit 5 Subdivision. RESOLUTION NO. 2622 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: MARIN BAY UNIT 2-A SUBDIVISION - File 5-1-112 Final map of Marin Bay Unit 2-A Subdivision was presented. RESOLUTION NO. 2623 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "MARIN BAY UNIT 2-A. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PEACOCK. LAGOON UNIT 1 SUBDIVISION - File 5-1-113 Final map of Peacock Lagoon Unit 1 Subdivision was presented. RESOLUTION NO. 2624 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "PEACOCK LAGOON UNIT 1. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Councilman Menary retired fromthe meeting at 10:07. RE: MICHELFELDER ROAD EASEMENT _2 , Z Charles Stuhr, attorney,representing Mr. Michelfelder and Mr. Michelfelder appeared relative to road easement in front of Mr. Michelfelder's residence. Norris Rawles, Supervisor of Public Works, and Dominic Selmi, City Engineer, reported on proposed realignment of easement. Councilman Menary returned to the meeting at 10:35 P. M. RE: ENCROACHMENT PERMIT - MELVIN H. MARLOW - File 2-11 On motion of Councilman Jensen, seconded by Councilman Aby, the Council by unanimous vote approved encroachment permit to Melvin H. Marlow for planter boxes at Northeast corner of Mission Avenue and Nye Street. RE: GLENWOOD PARK SITE - File 4-3-22 Agreement for architectural services between Ribera & Sue, Landscape Architects for develop- ment of Victor W. Jore s Memorial site in Glenwood was presented. RESOLUTION NO. 2625 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: COMMUNICATIONS SERVICE - COUNTY OF MARIN - File 4-13-1 City Manager, Dan Andersen reported to the Council on the reduction in service charge made by the County of Marin for servicing radio and communication equipment. The Council agreed to continue contract with the County of Marin for communication equipment services. RE: RECREATION it PARK COMMISSION - File 9-2-4 The Council discussed appointment of recreation and park commissioner. Ordered referred to the Mayor. RE: CITY HALL - File 12-2 Letter of Earl Grady offering use of building at 622 Fourth Street for City Hall offices during planning and construction of new City Hall was presented, noted and filed. RE: WORKMEN'S COMPENSATION INSURANCE - File 9-6-3 Letter of notice of dividend representing 37% refund of total premium on Workmen's Compensa- tion insurance was presented. RE: PLANTING STRIP ENTRANCE PROFESSIONAL CENTER PARKWAY - File 5-1-98 Letter of Dr. William S. Neil relative to two parcels flanking the entrance of Professional Center Parkway used for park purposes was presented. Dr. Neil was present and discussed the matter with the Council. The Council considered the area as public property to be landscaped by the property owners in area RE: BOARD OF EDUCATION - File 9-2-1 The Council authorized request of John M. Gagshaw, member of the Board of Education to be out of the State of California from July 1, 1962 through July 17, 1962. RE: CITY ATTORNEY - File 9-3-16 The Council authorized absence of City Attorney, A. E..Bagshaw, from the State of California for the period June 19th, 1962 to June 27th, 1962 inclusive. RE: PERSONNEL - File 7-5 The Council authorized employment of Maureen Brown to be placed on the regular payroll com- mencing June 7th, 1962 at monthly salary of $357.00 per month in recreation department. RE: USE PERMIT NO. 921 - File 10-5 Council set date of hearing on Use Permit No. 921 West Coast Advertising Company for 8:00 o'clock P.M., July 2, 1962. RE: SIGN LOCATION - File 10-6 The Council set date for Public Hearing on appeal from decision of Planning Commission re- lative to a sign location by Orville Russell for 8:00 o'clock P.M., July 2nd, 1962, RE: VARIANCE PERMIT - File 10-4 The Council set hearing on appeal by W. E. Ball on decision of Planning Commission relative to variance permit to Edward Burgar on property on Palm Avenue to 8:00 o'clock P.M., July 2nd, 1962. RE: BUDGET - File 8-5 City Manager, Dan Andersen presented preliminary budget for fiscal year 1962-63 for Council con- sideration. RE: MAYOR AND COUNCIL - File 9-1 The Council authorized Mayor McInnis to attend meeting of National Association of County Officials and Anerican Municipal Association in Washington, D. C. July 8th, 1962. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated June 18th, 1962,and now on file in the Clerk's office to which reference is hereby made for further particulars: Council adjourned. GENERALFUND .......................... PARKSFUND ........................#..a. EQUIPMENT & REPLACEMENT FUND ........... CAPITAL IMPROVEMENT FUND ............... PARKING DISTRICT NO. 1 FUND ............. WHITE OAKS UNIT TWO FUND ............... MARIN BAY ASSESSMENT UNIT 1 FUND....... OAK WOODLANDS UNIT 2 FUND ............... Approved this, $ 29,911.19 761.14 1,401.82 2,063.77 85.57 27,683.65 1,877.20 7,294.50 71 078.84 W. L. MORGAN, C"ittlerk day of MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, July 2nd, 1962 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman On motion of Councilman Aby, seconded by Councilman Menary, the minutes of June 18th, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: LINDARO BOX CULVERT - PROJECT 39 - File 4-1-87 The following bids were received, opened and read: Cecotti & Son of Marin, Inc. $ 30,350.00 0. C. Jones - Berkeley 24,395.00 Albay Constuction Company 26,412.00 Chas. L. Harney, S.F. 26,460.00 Louis Bormolini & Son, Novato 29,860.00 RESOLUTION NO. 2626 - RESOLUTION OF AWARD OF CONTRACT (O.C. Jones and Sons) Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: LOUISE STREET DRAINAGE CORRECTION - PROJECT 55 - File 4-1-88 The following bids were received, opened and read: Ghilotti Bros. $ 4,981.05 Piombo Bros. 4,849.87 Wilson -Chadwick Const. Co.,S.R. 5,483.10 RESOLUTION NO. 2627 - RESOLUTION OF AWARD OF CONTRACT (Piombo Bros.) Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PAINTING TRAFFIC MARKINGS - File 4-2-48 The following bids were received, opened and read: A & M Striping, Petaluma The Empire Company $ 13,695.00 14,500.00 RESOLUTION NO. 2628 - RESOLUTION OF AWARD OF CONTRACT. (A & M Striping, Petaluma) Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FURNISHING ROAD MATERIALS - File 4-2-49 The following bids were received, opened and referred to the Purchasing Department: Camgros, Hutchinson and Company Basalt Rock Company McPhail, Inc. RESOLUTION NO. 2629 - RESOLUTION OF AWARD OF CONTRACT. ( Camgros ) Road Materials Ayes: Councilmen : Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2630 - RESOLUTION OF AWARD OF CONTRACT, ROAD MATERIALS. (Hutchinson and Co.) Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmem: None Absent: Councilmen: None RESOLUTION NO. 2631 - RESOLUTION OF AWARD OF CONTRACT, ROAD MATERIALS, (Basalt Rock Company) Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2632 - RESOLUTION OF AWARD OF CONTRACT, ROAD MATERIALS. (McPhail, Inc.) Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 33 RE: MOSQUITO ABATEMENT DISTRICT ANNEXATION - File 5-2-2:3r Public hearing regarding the intention of the City of San Rafael to request annexation of certain incorporated territory within the City of San Rafael to the Marin County Mosquito Abate- ment District was declared opened. There being no one appearing for or against, the hearing was declared closed. RESOLUTION NO. 2633 - RESOLUTION PETITIONING THE MARIN COUNTY MOSQUITO ABATEMENT DISTRICT FOR ANNEXATION OF CERTAIN INCORPORATED TERRITORY OF THE CITY OF SAN RAF/E L TO SAID DISTRICT. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING SIGN LOCATION 175 BELVEDERE - File 10-6 Public hearing was declared opened. James Garrett, City Planner briefed the Council on the decision of the Planning Commission. Mr. Bohamen requested a clarification of the portion of the ordinance whereas the Planning Com- mission could govern the location of a sign. Mr. Orville Russell who appealed the decision was not present, so hearing was continued to July 16th. RE: PUBLIC HEARING - VARIANCE PERMIT - EDWARD BURGER, INC.-- File 10-4 Hearing was declared opened. City Planner, James Garrett briefed the Council on the decision of the Planning Commission. Mr. Ball spoke against the granting of the permit. John Castamagna of Edward Burgar, Inc., spoke in favor of granting same. On mutual agreement, the variance was granted by moving the location of the house to be con- structed northeasterly 1 foot. Hearing was closed. On motion of Councilman Baar, seconded by Councilman Menary, the variance permit was granted with a 5' 6" side yard on the northeasterly side and 7' 6" on the southwesterly side. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: MARIN MUSIC CHEST - CARLOS R. FREITAS - File 9-5-M Mr. Freitas was not able to attend because of illness. Council set July 16th to hear Mr. Freitas. RE: CITY EMPLOYEES ASSOCIATION - File 7-8 Mr. William J. Murphy legal representative for the City Employees' Association requested the employees be given permission to make a presentation regarding salary adjustments and working conditions. The Council set Monday, July 23rd as date of hearing. RE: THIRD AND CIJOS PARKING LOT - File 2-11 x 2-1-21 City Engineer, Dominic Selmi briefed the Council on the difference in surveys of the easterly property line of said parking lot which he has requested construction on the adjacent building to be stopped. Bill Sullivan, one of the property owners discussed with the Council the discrepancy. On mutual agreement, City Engineer Dominic Selmi and City Attorney, A. E. Bagshaw were directed to work with the adjacent property owners to prepare an agreement for the settlement of the dispute. It was moved by Councilman Menary, seconded by Councilman Baar, that the difference in the location of the property lines be split in half. That quit claim deeds be exchanged to relocate property line, and that the City obtain an easement to maintain parking meters and walk -way and will give to the adjacent owners a variance for the overhang of the roof of the building, subject to can- cellation if the City decided to double deck the parking lot. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: POLICE DEPARTMENT SURVEY - File 4-3--7&- Police Chief Simpson of Monterey discussed with the Council his recent survey of the Police Department. Various phases of his report were discussed. At the conclusion of the discussion, Mayor McInnis thanked Chief Simpson for his appearance at the meeting and for his excellent report. RE: CITY HALL ARCHITECTURAL PROPOSALS - File 12-2 Twenty-three (23) architectural proposals were received from various architects and were accepted for study. RE: MARIN BAY IMPROVEMENT DISTRICT NO. 1 - File 6-7 Peter Hunt, attorney, requested authority to amend the boundary of the storm water holding basin. It was moved by Councilman Baar, seconded by Councilman Aby, that a public hearing on the chang- ing of the boundary be held July 16th, 1962. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FRANCISCO BOULEVARD EASEMENT DISTRICT - File 6-14 Held over to July 16th, 1962. RE: ROBERT McCORTHY COMPANY - DISPOSING OF DREDGING SPOILS - File 12-10 Request of Robert McCarthy Company that they be allowed to dispose of dredging spoils on to the legal position of the San Rafael Canal was granted, in accordance to the diagram that was attached. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None CHARTER ORDINANCE NO. 748 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of the City of San Rafael, California, so as to reclassify certain real property from a "U" (Unclassified) District to a P -C (Planned Community) District, and numbering Charter Ordinance No. 748 was passed and adopted as en ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None CHARTER ORDINANCE NO. 749 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from an R-3 (Multiple Family Residential) District to a C -2-H (General Commercial with Parking RegOirements) district, and numbering Charter Ordinance No. 749 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: REAPPOINTMENT OF PARK COMMISSION - File 9-2-4 Held over to July 16th, 1962. RE: CLAIM OF EUGENE M. HEDRICK - File 3-1 Claim for personal injuries to Eugene M. Hedrick was referred to City Attorney. RE: ENCROACHMENT PERMIT - CUSTOM BUILDERS - File 2-11 Encroachment permit, corner Dominican Drive for proposed stone entry wall was granted. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT FOR PIPE ACROSS LINCOLN AVENUE - File 2-11 Encroachment permit to place 40' of 18" R.C.C.P. across Lincoln Avenue, Sea Breeze Construc- tion Company, was granted. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERIIT - ROBERT RAUDSO - File 2-11 Permission to construct concrete carport "Wing -Walls" 8 feet onto City right of way at 312 Coleman Drive was granted. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT - IRA JOSEPH ALLYN - File 2-11 Permission to construct concrete retaining wall eight feet onto City right of way at 227 Jewell Street was granted. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: MARIN BAY IMPROVEMENT DISTRICT NO. 1 - File 6-7 Request for extra work in construction of out fall line as authorized by the Engineer of Work in the amount of $643.06 was approved. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: GRANT OF SEWER EASEMENT - SCENIC HEIGHTS UNIT 1 - File 2-3 RESOLUTION NO. 2634 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. (Eugene H. Kaehler) Ayes: Councilmen: Aby, Baar, Jensen, and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: GRANT OF SEWER EASEMENT SCENIC HEIGHTS UNIT 3 - File 2-3 RESOLUTION NO. 2635 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. (Reuben Kaehler) Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: DOMINICAN HEIGHTS SUBDIVSION UNIT L- File 5-1-104 Custom Builders of Marin requested extension of time for the completion of work and also that the bond be reduced from $31,400.00 to $5,000.00. On motion of Councilman Aby, seconded by Councilman Baar, the Bond for completion of improvements of Dominican Heights Subdivision Unit 1 was reduced from $31,400.00 to $5,000.00. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2636 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK, DOMINICAN HEIGHTS SUBDIVISION UNIT #1. Ayes: Councilmen: Aby, Baar, Jensen, Menary andMayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: REZONING OF 12.927 ACRES ADJACENT TO NORTHGATE SHOPPING CENTER - File 10-3 Public hearing for rezoning of 12.927 acres adjacent to Northgate Shopping Center from U to C -2-H was set for July 16th, 1962. RE: TIBURON PENINSULA INC. - File 9-5-G City Clerk was directed to notify George H. Gnoss, County Clerk that the Notice of Intention has been received and noted. RE: RICHFIELD OIL COMPANY LEASE - File 2-8-2 Richfield Oil Company request the continuation of their lease of the property adjacent to Francisco Blvd. for an additional five years at the present rental. The matter was referred to the City Manager for renegotiation. RE: PUBLIC HEARING - WEST COAST ADVERTISING COMPANY USE PERMIT 921 - File 10-5 Hearing was declared opened. Mr. George Chipman, Gene O'Connor and Joe Petersen spoke against the granting of the permit. Donald McNear and Bob Law spoke in favor. It was moved by Councilman Aby that the decision of the Planning Commission be upheld. There was no second. RE: SAN RAFAEL BEAUTIFICATION COMMITTEE - File g0 ///(o X 'L Mr. Gene O'Connor spoke on the State requirements for the landscaping of the State Highway 101 through the City. They requested the Council to amend the present ordinance so it will qualify for landscape treatment by the State. It was referred to City Attorney, A. E. Bagshaw to advise the Council of the wording that may be added to the existing ordinance so as to conform with State Highway requirements. RE: FOSTER it KLEISER DENIAL OF USE PERMIT 928 - File 10-5 Public hearing set for July 16th. RE: APPEAL DECISION OF PLANNING COMMISSION - 27 WOOD STREET - File 10-4 The Council set July 16th, as date of Public Hearing. RE: NON -CONFORMING MULTIPLE DWELLING 134-136 PROSPECT DRIVE - File 101 Petition presented and ordered filed. Matter was referred to Planning Commission and City Attorney, A. E. Bagshaw. Councilman Menary left the meeting at 10:12 P.M. RE: BRET HARTE ROAD - File 2-12 Donald F. Croft, requested to be up -dated on negotiations with Michelfelder regarding the opening of the road to the public. On motion of Councilman Baar, seconded by Councilman Jensen, the Supervisor of Public Works, Norris Rawles was directed to write Mr. Michelfelder giving him ten (10) days to either accept or reject the proposal of the City, and if there is no action, the City will construct a fence on the 1' (foot) non -access strip. Ayes: Councilmen: Aby, Baar, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilne n: Menary Councilman Menary returned to the meeting at 10:30 P. M. RE: PARKING DISTRICT - File 12-14 Councilman Baar brought before the Council a -proposal by D. Jackson Faustman, Consulting Traffic Engineer to make an examination for analysis of current parking conditions and the estimation of future parking needs to the year 1985 for the sum of $2,500.00. Action tabled for the present. RE: COMMUNICATION Letter from San Rafael Lions Club urging the necessary amendments to existing ordinance for the beautification of Highway 101 - File 114. Letter from California State Chamber of Commerce notifying interested parties that on July 17th will meet in the Board of Supervisors Chambers in San Rafael at 3:00 o'clock P. M. to dis- cuss highway improvement - File 11-16 RE: RELINQUISHMENT OF PORTIONS OF HIGHWAY RIGHTS OF WAY - File 11-16 This relinquishment consists of frontage roads within the limits of City of San Rafael, Referred to Public Works Department. RE: PERSONNEL - File 7-5 The Council authorized the employment of Gerald R. Green at $458.00 per month as Patrolman - Police Department commencing July 1st, 1962. The Council authorized employment of Alan Martino at $458.00 per month as Fireman commencing July 15th, 1962. RE: SALARY STEPS - File 7-3 On motion of Councilman Aby, seconded by Councilman Baar, City Clerk was authorized to pay salary step increases under existing Resolution No. 2555. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated June 30th, 1962, and now on file in the Clerk's Office to which re- ference is hereby made for further particulars: Council adjourned. GENERAL FUND $ 13,457.69 PARKS FUND 139.38 SPECIAL RECREATION PROGRAMS FD. 77.48 EQUIPMENT & REPLACEMENT FD. 494.18 PARKING DIST. NO. 1 427.50 WHITE OAKS UNIT 2 ASSESS.DIST. 19,440.23 MARIN BAY IMPR. FUND 643.06 OAK WOODLANDS UNIT TWO 21,580.80 $ 56,260.32 Approved this day of 19 �� MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, July 16th, 1962 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman David Menary, Jr., Councilman Absent: Louis H. Baar, Councilman Fred E. Jensen, Councilman On motion of Councilman Menary, seconded by Councilman Aby, the minutes of July 2dd, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: PUBLIC HEARING - MARIN BAY DISTRICT NO. 1 - CHANGES IN ACQUISITION - File 6-7 Public hearing was declared opened. Peter Hunt, attorney, addressed the Council and ex- plained the reasons for description changes of the drainage easements. Dan Coleman, Engineer of Work discussed with the Council the proposed changes in the boundary and Mr. Mitchell of Orrick, Dahlquist, Herrington & Sutcliffe gave his legal opinion that the changes would not effect the district. Hearing was declared closed. RESOLUTION NO. 2637 - RESOLUTION ORDERING CHANGES IN ACQUISITIONS Ayes: Councilmen: Aby, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar and Jensen RE: PUBLIC HEARING - REZONING 12.927 ACRES ADJACENT TO NORTHGATE SHOPPING CENTER - File 10-3 Hearing was declared opened. City Planner, James Garrett briefed the Council on the action of the Planning Commission and there being no one appearing for or against, the hearing was de- clared closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14. 12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a "U" (Unclassified) District to a C -2-H (General Commercial with Parking Requirements) District, and numbering Charter Ordinance No. 750 was read, introduced, and ordered passed t6 print by the following vote, to -wit: Ayes: Councilmen: Aby, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar and Jensen RE: PUBLIC HEARING - SIGN LOCATION BELVEDERE STREET - File 10-6 Public hearing was declared opened. City Planner, James Garrett briefed the Council on the decision of the Planning Commission. Mr. Donald C. McNear, of West Coast Advertising Company explained to the Council the changes that had been made to the sign since appearing before the Planning Comm scion. Mr. Orville Russell also spoke in his own behalf. The hearing was de- clared closed. On motion of Councilman Aby, seconded by Councilman Menary, the appeal from the decision of the Planning Commission was granted. Ayes: Councilmen: Aby, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar and Jensen RE: PUBLIC HEARING - USE PERMIT 928 FOSTER AND KLEISER'- File 10-5 City Planner, James Garrett briefed the Council on the action of the Planning Commission and discussed the location in question. Mr. Gray of Foster and Kleiser presented his arguments in favor of the sign and that the request was in compliance with the ordinance. The hearing was declared closed. On motion of Councilman Aby, seconded by Councilman Menary, the appeal was denied, Ayes: Councilmen: Aby, Menary, and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar and Jensen Mayor McInnis wished it to be on record that the action of the City Council supporting the decision of the Planning Commission did so regardless of the section of the ordinance referred to in the Planning Commission's action, for the San Rafael City Council has the power to grant or deny a permit. RE: PUBLIC HEARING - APPEAL DECISION PLANNING COMMISSION - 27 WOOD STREET - File 10-6 City Planner, James Garrett, briefed the Council as follows: MacNamara prior owner of the property in question, containing slightly less than 6,000 square feet, had previously applied to the Planning Commission for a variance to permit to construct a second residential unit thereon without subdividing. The Planning Commission had denied the application but on appeal, the Council had granted it and the second house had been built. After MacNamara sold off the second house to the present owners contrary to the subdivision ordinance, and the purchasers of the house now decide to sell it to Wallace, they petitioned the Planning Commission to confirm the subdivision of the parcel into two lots. Planning Commission had denied the application and this appeal had been taken. Mr. Appleton, attorney for the petitioners explained that his clients had contracted to purchase the house through Marvelous Marin Realty and had made a deposit, and that they would not want to buy the property if there was an illegal subdivsiion or lot because if the house was destroyed by fire they could not get a building permit to rebuild. He contended that in effect the previous action of the Council constituted approval of the subdivision of the parcel into two lots. Lloyd Grandi of Marvelous Marin Realty supported him in this contention. Mayor McInnis and Councilman Aby both stated that they had been on the Council at the time of the prior proceedings and clearly recall the same, and that it had been the intent and purpose of the Council to then approve a second resident on the property for income purposes without, however, approving subdivision of the property into two parcels or authorizing a second sale of less than the entire parcel. The action of the Planning Commission was sustained by the following vote. Ayes: Councilmen: Aby, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar and Jensen It was moved by Councilman Menary and seconded by Councilman Aby, that City Attorney, A. E. Bagshaw prepare a proposed amendment to the City Subdivision Ordinance making sales of subdivided land without first complying with the procedural requirements of the ordinance, voidable at the sale option of the grantee within two years after execution of the deed of conveyance, sale or contract of sale, but making such transaction binding upon the grantor, vendor or person con- tracting to sell. Ayes: Councilmen: Aby, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar and Jensen Councilman Baar arrived at 10:00 o'clock P.M. RE: SPECIAL POLICE OFFICERS - File 9-5-M Mr. Carlos Freitas requested on behalf of the Music Chest, the Louncil provide special police officers to assist in the direction of traffic and patrol the area when it holds it's concert. The Council informed Mr. Freitas that they would provide in the budget for extra police to assist during special events. RE: FRANCISCO BLVD. ASSESSMENT DISTRICT - File 6-14 Mr. Edwin N. Ness, attorney for the above district stated that the Engineer of Work and the Public Works Department of the City had come to a suitable master plan for drainage and now pro- ceedings under the Improvement Act of 1911 could be taken for the formation of assessment dis- trict. The following documents were presented for filing. 1. Petition signed by the property owners requesting the Council to take proceedings under the provision of the improvement Act of 1911. 2. Map showing the boundaries of the proposed assessment district. 3. A Certificate of Engineer of Work certifying that owners of 60% of the area proposed in the district had signed the petiton. RESOLUTION NO. 2638 - RESOLUTION REQUESTING MARIN MUNICIPAL WATER DISTRICT TO FURNISH PLANS AND SPECIFICATIONS FOR WATER DISTRIBUTION SYSTEM IN FRANCISCO BOULEVARD ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: TERRA LINDA PARK ACQUISCTION - File 9-2-4 x 12-5 Director of Parks and Recreation, Joseph Rodota presented on behalf of the Park and Recreation Commission their recommendation with plat attached the acquisition of a park site in the vicinity of Terra Linda rea. The Council accepted the report and recommendation of the Commission and agreed that a site should be acquired in that area. The matter was held for further investigation. RE: PETITION TO ABATE HOUSE AND GARAGE - 82 ALEXANDER AVENUE - File 101 A petition for the abatement of house and garage located at 82 Alexander Avenue was presented by residents of the area and contained fifteen (15) signatures. The petition was accepted and referred to the Building Inspector and Fire Chief for their recom- mendation. RE: ANNEXATION OF PIMENTAL PROPERTY - File 5-2-34 Mr. Ronald B. Simpkins of the George S. Nolte, Consulting Civil Engineers representing Mackay Engineered Homes of Menlo Park requested the Council to consider the possibility of annexation to the City of the Pimental Ranch. The Council referred the matter to the Fire and Planning Commission for recommendation. RE: OAK WOODLANDS UNIT II (2) ASSESSMENT DISTRICT File 6-12 On motion of Councilman Aby, seconded by Councilman Baar, the Council approved payment of Progress Payment No. 1 to the Marin Capital Company. Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Council�en: None Absent: Councilmen: Jensen RE: FINAL MAP TERRA LINDA UNIT 18 - File 5-1-114 The final map of Terra Linda Unit 18 was presented. RESOLUTION NO. 2639 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "TERRA LINDA UNIT NO. 18. Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: ENCROACHMENT PERMIT - SOUTHERN HEIGHTS BLVD. - File 2-11 On motion of Councilman Menary, seconded by Councilman Aby, encroachment permit #41 was granted. Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: ENCROACHMENT PERMIT - SOUTHERN HEIGHTS BLVD. - File 2-11 On motion of Councilman Menary, seconded by Councilman Aby, encroachment Permit #42 was granted. Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: CHANGING OF STREET NAME - File 11-2 A request was submitted to change "I" Street to "Eye" Street because of it's confusion with 1st Street. The matter was referred to the Planning Department who was to notify property owners on "I" Street and that a public hearing would be held August t§th, 1962. RE: REZONING 57.217 ACRES EAST OF 101 FROM PCMH TO MH - File 10-3 Public hearing set for August 6th, 1962. RE: REZONING FIFTH & "B" - ELKS PROPERTY FROM R-3 to C-1 - File 10-3 Public hearing set for August 6th, 1962. RE: AGREEMENT ON URBAN THOROUGHFARE SYSTEM - File 113 x 11-15 x 4-13--`b Through the Marin County Council of Mayors and Councilmen, an agreement with the Board of Supervisors of the County of Marin for a cooperative program of an urban thoroughfare system was presented. The Supervisor of Public Works, Norris Rawles was appointed as representative of the City. RESOLUTION NO. 2640 - RESOLUTION ENTITLED "AGREEMENT FOR IMPROVEMENT OF URBAN THOROUGHFARE SYSTEM;' Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: COUNTY ASSESSOR'S VALUATION OF SAN RAFAEL - File 9-12 City Clerk, W. L. Morgan, presented the total assessed valuation as reported to him by the County Assessor, Bert Broemmel for the City of San Rafael which was $57,070,320 or a raise over the 1961-62 roll of 26.70%. Mayor McInnis suggested that the matter of assessment be taken up by the Marin County Council of Mayors and Councilmen and County Assessor, Bert Broemmel be invited to inform and discuss with the Council of Mayors his approach to assessing. RE: PARK COMMISSION APPOINTED - File 9-2-4 On motion of Councilman Baar, seconded by Councilman Aby, Mrs. Charles G. Strom of 260 Linden Lane, San Rafael, was appointed as a member of the Park and Recreation Commission. The term of office is to be to October, 1964 Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jenser RE: TRAFFIC STUDY - NORTHGATE SHOPPING CENTER-- File 11-13 City Planner, James Garrett presented a request from the Planning Commission for the City to engage a traffic engineer to study and make recommendations regarding the traffic at the Northgate Shopping Center. Don Marek of Draper Company informed the Council they had a qualified traffic engineer make a survey and design a traffic pattern. The matter was referred to the Traffic Committee for recommendation, RE: TERRA LINDA - MARINWOOD INC. - File 9-5-G Notice of Intention to circulate a petition seeking incorporation of the Terra U nda Marin - wood area was received from County Clerk, George H. Gross and was ordered filed. RE: ATTORNEY'S FEES - NORTHWESTERN PACIFIC ABANDONMENT PROCEEDINGS - File 117 The matter of the bill of Boris H. Lakusta, of Graham James & Rolph for services rendered in the above matter was discussed by City Attorney, A. E. Bagshaw and the Council. The City Clerk was directed to request further itemization of the bill. RE: ABATEMENT - RICE PROPERTY - FORBES AVENUE - File 100 Letter of John W. Morton requesting an investigation of the above property because it con- stituted a serious fire hazard. This matter was referred to the Building Inspector and Fire Department. RE: FRONTAGE ROADS - EAST SAN RAFAEL AREA - File 11-16 x 2-2 The Division of Highways advised the City Council that they had relinquished portions of frontage roads adjacent to EHst San Rafael and the title and interest was now vested in the City of San Rafael. RE: STATE HIGHWAY TRANSPORTATION AGENCY - File 11-16 Notice from the State Department of Public Works that a transportation study is to be made by the State Highway Transportation Agency and that the cooperation of the Engieering and Plann- ing staffs of San Rafael was requested. RE: PERSONNEL - File 7-5 Request of the Public Works Department regarding employees Thomas Orovich and Harold Maxwell be placed in Step No. 2 at $533.00 per mont was granted. RE: DEPUTY CHIEF OF POLICE - File 7-5 Upon request of Chief of Police, Charles J. Chiesa, the Council appointed Captain Joseph Brusatori as Deputy Chief of Police. Appointment of Sergeant in the Police Department was held for budget hearing. Councilman Menary left the meeting at 11:20 P.M. o'clock. RE: BRET HARTE ROAD EXTENSION - File 2-12 City Attorney, A. E. Bagshaw was directed to inform Mr. Frank H. Michelfelder that the City offered $230.00 for the price of the land required for Bret Harte Road Extension. If this amount was not accepted then the City would construct a fence on the one foot non -access strip. Councilman Menary returned to the meeting at 11:50 P.M. o'clock. RE: LEASING OF PORTION OF NEW CITY HALL LOCATION - File 2-10 The San Rafael Chamber of Commerce wished to explore with the City Council the possibility of leasing a portion of the property of the new City Hall site. RE: BEAUTIFICATION COMMITTEE - File IIL� The San Rafael Chamber of Commerce urged the Council to take action for beautification of the entrance into San Rafael via Highway 101. RE: BOY SCOUTS B.S.A. TROOP 57 -File 9-5-B Letter from Boy Scout Troop 57 requesting permission to paint house numbers on the curbs in San Rafael. Permission was granted. RE: MONTECITO MERCHANTS ASSOCATION, INC. - File 9-10 The request that the Great Western Shows be a part of Carnival Days July 26th, to July 29th, 1962 was granted subject to Chapter 10.44 of our Munidpal Code and approval of the Chief of Police. Ayes: Councilmen: Aby, Baar, and Menary Noes: Councilmen: McInnis Absent: Councilmen: Jensen 6 RE: PURCHASE OF DELINQUENT TAX LAND FROM COUNTY - File 2-6 The City Clerk was directed to start proceedings with the County and to determine the amount the County desires for the sale of the delinquent property adjoining the Glenwood Fire house site. Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: GAS TAX FUNDS DISTRIBUTION - File 8-14 The matter of distribution of Gas Tax monies was referred to Public Works Department for re- search and to advise the Council as to the formula used in distribution. RE: STOP SIGN AT KNIGHT DRIVE AND SAN PEDRO ROAD - File 11-9 Replacement of stop sign at Knight Drive and San Pedro Road with a Yield Right of Way was re- ferred to Public Works Department. RE: FALSE ARREST INSURANCE - File 9-6 City Attorney, A. E. Bagshaw reported that the City could not be held responsible for false arrest and he advised that insurance to cover same was not necessary. RE: TERRA LINDA OVERPASS LIGHTING - File 11-4 Public Works was authorized to ask P.G. E. to bill City of San Rafael for the power used in lighting the Terra Linda Overpass. RE: APPEAL DECISION OF PLANNING COMMISSION - VARIANCE BUILDING HEIGHT - File 10-4 Letter from Coldwell-Banker and Company appealing the decision of the Planning Commission re- garding the building height from 30 feet to 130 feet was presented. Hearing set for August 6th, 1962. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated July 16th, 1962, and now on file in the Clerk's office to which reference is hereby made for further particulars: GENERAL FUND $ 20,083.28 SPECIAL REC. PROGRAMS FUND 250.00 PARKS FUND 427.83 EMPLOYEE RETIREMENT SYSTEM FD. 6,907.23 EQUIP. & REPLACEMENT FUND 6,901.52 PARKING DIST. #1 FUND 62.22 WHITE OAKS ASSESSMENT DIST.#2 21,104.00 MARIN BAY IMPR. DIST.NO. 1 336.55 OAK WOODLANDS UNIT 2 4,387.50 $ 60,460.13 Council adjourned to Monday, July 23rd, 1962. W. L. ORGAN, City Clerk D W. C 1150 RNWELL, Deputy ity Clerk Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, July 23rd, 1962 at 8:00 o'clock P.M. Council met pursuant to adjournment' Present: John F. McInnis, Mayor Charles W. Aby, Councilman Fred E. Jensen, Councilman Louis H. Baar, Councilman David Menary, Jr. Councilman RE: HEARING CITY EMPLOYEES' ASSOCIATION PRESENTATION REGARDING SALARY ADJUSTMENTS AND WORKING CONDITIONS - File 7-8 William J. Murphy, Attorney representing City of San Rafael Employees' Association spoke to the Council and filed the following documents. (1) Salary & Wage Survey, Civil Service Commission of San Francisco dated February 1, 1962; (2) Bay Area Public Employees' Coordinating Council 1961 Bay Area Fringe Benefit Survey; (3) Letter of July 2, 1962, addressed to William J. Murphy by City of San Rafael City Employees' Association retaining Mr. Murphy to represent the Association. (4) Letter of July 17, 1962, from Association retaining Mr. Murphy to represent the Association; (5) Survey of Pay to Police and Firemendated June 28, 1962, Civil Service Commission of San Francisco; (6) Civil Service Commission letter dated July 12, 1962, subject: Report Re Necessity of Salary Survey; (7) Bay Area Survey Firemen, Engineer, Captain, salary; (8) San Francisco Ordinance determining rates of compensation (un -numbered ordinance); (9) Peace Officers' Research Association of California, Inc. Annual Salary Report 1961-62; (10) City of San Rafael Definition Recreation Leaderlll; (11) City of San Rafael - Typist -Clerk definition; (12) City of San Rafael - Stenographer -Clerk definition; (13) City of San Rafael - Secretary to City Manager definition; (44) City of San Rafael - Senior Account Clerk definition; (15) City of San Rafael - Deputy Treasurer definition; (16) Salary Survey - Clerk -Typist, Clerk -Steno, Steno -Secretary; (17) City of San Rafael - Deputy City Clerk definition; (18) Salary Standardization Ordinance - City of San Francisco, Effective July 1, 1962; (19) Copy of three (3) pages from County of Marin Budget for year ending June 3), 1963; (20) Form letter Northern California District; Council of Laborers listing wages of Laborers; (21) City of San Rafael - Maintenance Man Grades 1 and 2 definition; (22) Town of Corte Madera 1962-63 Salary review; (23) Salary Survey - Street Department; (24) Extract of League of California Cities Salary Survey Salaries Paid in Marin County as of January 1962; (25) Current Wage Scales June 27, 1962 Hod Carriers, Construction and General Laborers' Union, Local 291; and (26) Letter July 11, 1962, Building Department and Salary Survey Building Department. William J. Murphy, Attorney on behalf of the City of San Rafael Employees' Association made the following salary and working conditions proposals; POLICE AND FIRE DEPARTMENTS (1) Police Department - Correct inequities on accumulated overtime either by pay or time off; (2) Holiday pay or equivalent time off; (3) Uniform allowance increase from $10.00 per month to $200.00 per year, same as County of Marin; (4) Vacation on same basis as County Sheriff Department; 586-718 (5) Legislation to cover disability; 608 proposed 608-739 (6) Salary in line with surveys filed: 37 Assistant Engineer 518-666 Patrolman or Fireman - Top Range $608.00 565-687 Sergeant or Engineer - Top Range $638.00 Junior Engineer 506-616 Police Lieutenant or Fire Captain - Top Range $687.00 551-670 Police Captain or Battalion Chief - Top Range $739.00 427-522 (7) Fireman - Only adjustment in hours per wook of work. Proposed 453-551 Miscellaneous Departments 25 Ran PBX Operator & Typist -Clerk 295-354 Present 305-371 Recommended 9 Stenographer -Clerk City Cost 316-394 Present 344-420 Recommended 14 Secretary to City Manager 352-429 Present after 5:00 P.M. Foreman 390-4.76 Recommended 19 Secretary in City Manager Office 352-429 Present 371-453 Recommended 17 Senior Account Clerk 316-394 Present 344-420 Recommended 14 Deputy Treasurer 410 Present Maintenance Man No. 1 353-431 Recommended 15 Recreation Leader III 357-434 Present 467 top 390-476 Recommended 19 Deputy City Clerk_ 649 Present 566 proposed 565-687 Recommended 34 Enqineerinq Department Associate Engineer 586-718 Present 608 proposed 608-739 Recommended 37 Assistant Engineer 518-666 Present Two Asst. Inspectors 565-687 Recommedded 34 Junior Engineer 506-616 Present 353 Present 551-670 Recommended 33 Senior Engineering Aide 427-522 Present 328 Proposed 453-551 Recommended 25 Buikldinq Department Asst. Chief Building Inspector 550 Present 608 proposed One Asst. Inspector 533 Present 565 Proposed Two Asst. Inspectors 520 Present 538 Proposed Steno -Clerk 353 Present 380 Proposed Clerk -Typist 312 Present 328 Proposed Street Department Sanitation Maintenance Crew (1) Tetnus shot to be provided at City Cost (2) Wages from 449 to 525 (3) Standby time - 8 hours pay (8 to 5) - Time and one-half after 5:00 P.M. Foreman 493-612 Present 700 Recommended Sub -Foreman 480 to 550 Maintenance Man No. 2 450 top 500 proposed Maintenance Man No. 1 417 top 465 proposed Equipment Operator 467 top 530 proposed Mechanic 506 top 566 proposed ApprenticeMechanic 386 top 430 proposed Bookkeeper -Yard Clerk 341 top 417 proposed Parks & Recreation Custodian 419-501 present 453-551 proposed Range 25 Groundsman 377-450 present 410-500 proposed Range 21 Mr. Murphy asked that consideration be given other employees not included in recommendations by the Association and thanked the Council for courtesies extended to him. Mayor McInnis asked Mr. Murphy to prepare and furnish the Council a summary of the proposals and recommendations. Mr. Murphy requested that salary increased be made retroactive to July 1st, the beginning of the fiscal year. Mayor McInnis informed Mr. Murphy that this was contrary to present laws governing disbursement of public funds. Nb further business being presented theCouncil adjourned. I W. L! OIIGAR,'�Ci ty clerk Approved this day of 196 MAYOR OF THE CITY OF SAN RAFAEL 240 In the Council chambers of the City of San Rafael, Monday, July 16th, 1962 at 8:00 o'clock P.M. Regular Meeting: Present: John F. McInnis, Mayor Charles W. Aby, Councilman David Menary, Jr., Councilman Absent: Louis H. Baar, Councilman Fred E. Jensen, Councilman RE: APPROVAL OF MINUTES On motion of Councilman Menary, seconded by Councilman Aby, the minutes of July 2nd, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: PUBLIC HEARING - MARIN BAY DISTRICT NO. I - CHANGES IN ACQUISITION - File 6-7 Public hearing was declared opened. Peter Hunt, attorney, addressed the Council and explained the reasons for description changes of the drainage easements. Dan Coleman, Engj,neer of wort: discussed withthe Council the proposed changes in the boundary and Mr. M,ifchell of Orrick, Dahlquist, Herrington & Sutcliffe gave his legal opinion that the changes' would not effect the district. Hearing was declared closed. RESOLUTION NO.. 2637 - RESOLUTION ORDERING CHANGES IN ACQUISITIONS In the Co* cil Chambers of the City of San Rafael, Monday, August 6th, 1962 at 8:00 o'clock P.M. Regular Meeting RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Fred E. Jensen, Councilman Absent: Louis H. Baar, Councilman David Menary Jr., Councilman On motion of Councilman Jensen, seconded by Councilman Aby, the minutes of July 16th, 1962 and July 23rd, 1962 a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: PUBLIC HEARING - LOCH LOMOND HIGHLANDS - File 5-2-32 Public hearing was declared opened and there being no one appearing either for or against, the hearing was declared closed. An ordinance approving the annexation of certain unihabited territory, designated "Loch Lomond Highlands" to the City of San Rafael, and numbering Charter Ordinance No. 751 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar,Menary RE: PUBLIC HEARING - REZONING 57.217 ACRES EAST OF HIGHWAY 101 - File 10-3 Public hearing was declared opened. City Planner, James Garrett, briefed theCouncil on the action of the Planning Commission and the plan of Draper Company regarding the development of the tract. Gordon Dohemman of Caldwell, Banker and Company described the proposed development. Carlos Gonzales, Engineer, informed the Council on the timing of the improvements. Dr. William Neal and James R. Rideout both spoke against the rezoning. Public hearing was declared closed. An ordinance amending the Zoning Map of the City of San Rafael, California adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, Califo m ia, so as to reclassiFy certain real property from a PCMH (Planned Commercial & Light Industrial With Parking Requirements) district to an M -H (Heavy Commercial & Manufacturing With Parking Requirements) District and numbering Charter Ordinance No. 752 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary RE: PUBLIC HEARING - RFZONING 5th & B STREETS - PORTION OF ELKS PROPERTY - File - 10-3 Public hearing was declared opened. City Planner, James Garrett briefed the Council on the decision of the Planning Commission and there being no one appearing either for or against, the hearing was declared closed. An ordinance amending the Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael California, so as to reclassify certain real property from an R-3 (Multiple family residential) district to a C-1 (restricted commercial) district, and numbering Charter Ordinance No. 753 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Jensen & Mayor•:Mclnnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary RE: PUBLIC HEARING - VARIANCE - CALDWELL BANKER & COMPANY City Planner, James Garrett briefed the Council on the decision of the Planning Commission. Mr. Ben Ostl nd of Caldwell Banker and Company representing the ptititioners addressed the Council and presented his arguments, drawings and photographs in support of the granting of the variance. Mr. Bushnell, architect, described in detail the design and construction of the building. Mr. Rideout, Dr. Neal, Mrs. Charles Palmer all spoke in favor of the rezoning. Engineer Carlos Conzales was questioned by the Council regarding grading and heights of the building. Public hearing was declared closed. Councilman Aby moved the appeal be denied. There was no second to the motion RE: PUBLIC HEARING - CHANGING OF I STREET TO EYE STREET - File 11-2 Public hearing was declared opened. City Planner, James Garrett briefed the Council on the reasons for the name change. Three residents of I Street spoke in favor of, and there was one letter against name change. Public hearing was declared closed, RESOLUTION NO. 2642 - RESOLUTION CHANGING NAME OF STREFT Ayes: Councilmen: Aby, Jensen & Mayor McInnis Noes; Councilmen: None Absent: Councilmen: Baar, Menary RE: MARIN BAY IMPROVEMENT DISTRICT NO. I DETERMINATION OF SURPLUS - File 6-7 On motion of Councilman Aby, seconded by Councilman Jensen, the Supervisor of Public Works Norris Rawles was directed to file a Notice of Completion of the contracts awarded in Marin Bay Assessment District No. I and the determination of surplus would be madeupon the end of the lean period. Ayes Councilmen: Aby,Jensen, Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menay RE: FINAL MAP - VERTICAL SUBDIVISION LOTS 5 AND 6 BLOCK 18 EAST SAN RAFAEL - File 5-1-115 City Engineer, Dominic Selmi presented to the Council and explained the mechanics of a vertical subdivision, RESOLUCION NO. 2643 - RESOLUTION APPROVAING FINAL MAP OF SUBDIVISION ENTITLED ''A" & M'' CONSTRUCTION VERTICAL SUBDIVISION. Ayes: Councilmen: Aby, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary RE: TARRANT ANNEXATION - File 5-2-35 Petition for annexation of uninhabited territory North of Las Collindas Unit IV and Las Collindas Unit VI was presented along with the approval of the County Boundary Commission. Retrred to Planning and Fire Commissions. RE: AGREEMENT BETWEEN LATIPAC-PERINI COMPANY, SAN RAFAEL SANITATION DISTRICT AND CITY OF SAN RAFAEL-File 4-12-13 On motion of Councilman Aby, seconded by Councilman Jensen,the Mayor and City Clerk were authorized to sign an agreement to change paragraph 10 of the agreement of October 14, 1960, between Latipac-Perini Company, San Rafael Sanitation District and the City of San Rafael. Ayes: Councilmen: Aby, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary RE: ENCROACHMENT PERMIT NO. 15 (DRAKE) - File 2-11 On motion of Councilman Jensen, seconded by Councilman Aby, encroachment permit No. 15 was granted subject to the approval of the Planning Commission to Drake. Ayes Councilmen: Aby, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Baar, Menary RE: ENCROACHMENT PERMITS NO.44 & 45 (KAY CONSTRUCTION CO.) - File 2-11 On motion of Councilman Aby, seconded by Councilman Jensen, encroachment permits 44 & 45 were granted to Kay Construction Company. Ayes: Councilmen: Aby, Jensen & Mayor McInnis N es: Councilmen: None ACsent: Councilmen: Baar, Menary RE: EXTENSION OF TIME - PROJECT 52 - File 4-1-86 On motion of Councilman Aby, seconded by Councilman Jensen, the completion date on Project 52, E. T. Haas, Company, contractors, was extended from July 13, 1962 to August 24,1962. Ayes: Councilmen: Aby, Jensen, & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary CHARTER ORDINANCE N0. 750 - An ordinance amending the zoning map of the City of San Rafael California adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a "U" (unclassified) district to a C -2-H (General commercial with parking requirements) district, and numbering Charter Ordinance No. 750 was passed and adopted as ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilman:Aby, Jensen, & Mayor McInnis Noes: Councilmen:None Absent:Councilmen: Baar, Menary RE: ERRORS & OMISSIONS INSURANCE - File 9 -6 - On motion of Councilman Aby, seconded by Councilman Jensen, insurance for Errors and Omissions in favor of Albert E. Bagshaw, City Attorney was granted. Premium $54.88 Ayes: Councilmen: Aby, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary RE: REZONING BAYO VISTA-- File 10 - 3 Public hearing set for August 20th, 1962 RE: CHULA VISTA ASSESSMENT DISTRICT - File 6-13 The following documents were presented and filed: - 1. Petition to form a district for sewer work 2. Petition to form a district for street work 3• Certificate of Engineer of Work certifying that the sewer petition has been signed by the owners of more than 60% of the area 4. The boundary map of the proposed district. RESOLUTION NO. 2644 - A RESOLUTION APPOINTING ENGINEER OF WORK AND AUTHORIZING EXECUTION OF AGREEMENT Ayes: Councilmen: Aby, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary RESOLUTION NO. 2645 - A REgOLUTION APPOINTING PERSON TO PREPARE SPECIAL ASSESSMENT PROCEEDINGS AND AUTHORIZING EXECUTION OF AGREEMENT Ayes: Councilmen: Aby, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary RESOLUTION NO. 2646 - A RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS FOR THE CONSTRUCTION AND ACQUISITION OF IMPROVEMENTS IN CHULA VISTA ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AND SETTING TWE AND PLACE OF HEARING FOR DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR THE CONSTRUCTION AND ACQUISITION OF SAID IMPROVEMENTS Ayes: Councilmen: Aby, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary RESOLUTION NO. 2647 - A RESOLUTION OF INTENTION IN THE MATTER OF THE CONSTRUCTION AND THE ACQUISITION OF CERTAIN IMPROVEMENTS AND RIGHTS=OF-WAY IN CHULA VISTA ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, STATE OF CALIFORNIA Ayes: Councilmen: Aby, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary RE: FRANCISCO BOULEVARD ASSESSMENT DISTRICT - File 6-14 RESOLUTION NO. 2648 - A RESOLUTION APPOINTING ENGINEER OF WORK AND AUTHORIZING EXECUTION OF AGREDIENT Ayes: Councilmen: Aby, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary RESOLUTION NO. 2649 - A RESOLUTION APPOINTING PERSON TO PREPARE SPECIAL ASSESSMENT PROCEEDINGS AND AUTHORIZING EXECUTION OF AGREEMENT Ayes: Councilmen: Aby, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary RESOLUTION NO. 2650 - A RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS FOR THE CONSTRUCTION AND ACQUISITION OF IMPROVEMENTS IN FRANCISCO BOULEVARD ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AND SETTING TIME AND PLACE OF HEARING FOR DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR THE CONSTRUCTION AND ACQUISITION OF SAID IMPROVEMENTS. Ayes: Councilmen: Aby, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary RESOLUTION NO. 2651 - A RESOLUTION OF INTENTION IN THE MATTER OF THE CONSTRUCTION AND THE ACQUISITION OF CERTAIN IMPROVEMENTS AND RIGHTS-OF-WAY IN FRANCISCO BOULEVARD ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, STATE OF CALIFORNIA Ayes: Councilmen: Aby, Jensen, Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary The Engineer's Estimate Cost of Improvements to be constructed in said district was f i led. RE: ANNUAL FINANCIAL STATEMENT - File 8-2 Annual financial statement for Fiscal Year ended June 30th, 1962 was presented and ordered filed. RE: AUDIT REPORT -- File 8-1 The report of audit by Halvor D. Klinker for Fiscal Year ended June 30th, 1962 was presented and ordered filed. RE: PARKING DISTRICT NO. I - File 6-4 Report of audit by Halvor D. Klinker for Parking District No. I for Fiscal Year ended June 30th 1962 was presented and ordered filed. RE: CLAIM FOR DAMAGES - (JACK E. REAVES) - File 3-1 The clam for damages of Jack E. Reaves having been referred to the insurance carrierof the City was noted. RE: PERSONNEL SALARY RESOLUTION - File 7-3 RESOLUTION NO. 2641 - 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: Aby, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary RE: STAND=BY TIME - STREET DEPARTMENT-- File 7-3 On motion of Councilman Aby, seconded by Councilman Jensen, the City Clerk was authorized to pay stand-by time for the Street Department. Ayes: Councilmen: Aby, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar, Menary RE: TRAFFIC COMMITTEE REPORT - File 9-2-8 Report and recommendations on various traffic problems were presented and filed RE: ABATEMENT - 82 ALEXANDAR AVENUE - File 101 x 9-3-32 Report of Building Inspector, Andrew Thomas and Fire Chief Vance Trivett was presented recommending that nothing be done at this time, as the owners have cleaned up the premises. RE: NEW CITY HALL SITE - File 12=2 City Manager, Dan Andersen was directed to open negotiations with existing owners for the proposed new City Hall site. RE: NEW CITY HALL - FILE 12-2 Mayor McInnis with the sanction of the Council appointed the following committee to review applications for the designing of the new City Hall structure and to recommend five for Council consideration. Those appointed are: Pat Hetherton Harry Albert Elis Day Paul Steinmetz Milt Schwartz Mrs. George Cheda RE: CORRESPONDENCE Letter of Hartley R. Appleton, attorney thanking the Council for Consideration given at Public Hearing on 27 Wood Street - File 10- 4 Letter from Chamber of Commerce recommending that if possible, San Rafael architectural firms be retained to design the new city hall - File 9-5-C Letter from Mrs. Charles Strom expressing her thanks for and accepting the appointment to the Park and Recreation Commission - File 9-2-4 RE: REQUEST OF CITY TREASURER & TAX COLLECTOR - File 9-3-15 Request of Angie Soldavini, City Treasurer & Tax Collector for additional salary of $100.00 per month was referred to budget hearings. RE: BRET HARTE ROAD EXTENSION - MICHELFELDER - File 2-12 Attorney A. E. Bagshaw, reported that he had written to Mr. Michelfelder's attorney as directed by the Council offering the assessed valuation of $230.00 for the property in question and reported that upon not receiving any communication regarding the offer, lie assumes that the offer had been accepted and now awaits the necessary property description from the Public Works Department for the preparation of a deed. RE: MARIN PROFESSIONAL CENTER - File 11-6 Dr. William Neal reported that the contractor constructing a building adjacent to the small park at the entrance to the Professional Center had cut down a row of trees on the Northerly boundary. Supervisor of Public Works, Norris Rawles was authorized to replant the trees. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated August 6th, 1962, and now on file in the Clerk's office to which reference is hereby made for further particulars Council adjourned. GENERAL FUND $ 25,705.04 CAPITAL IMPROVEMENT FUND 10,203.36 SPEC. RECREATION PROGRAMS FUND 249.00 EMPLOYEES' RETIREMENT FUND 7,017.72 PARKS FUND 2,259.39 EQUIPMENT & REPLACEMENT FUND 1,850.74 MARIN BAY IMPRV. DIST. NO I FUND 3,023.46 RACQUET CLUB EST. FUND 6.40 OAK WOODLANDS UNIT 2 FUND 50,050.92 X100,366.03 /' ir" W. L. �MOR"GA ,! i t" Clerk W. C. CORNWELL--Deputy City Clerk Approved this day of MAYOR OF THE CITY OF SAN RAFAEL r-, In the Council Chambers of the City of San Rafael, Monday, August 20, 1962 at 8:00 o'clock P.M. Regular Meeting RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman Absent: David Menary, Jr., Councilman On motion of Councilman Jensen, seconded by Councilman Aby, the minute of August 6th, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: PUBLIC HEARING - CHULA VISTA ASSESSMENT DISTRICT - File 6-13 Public hearing on Chula Vista Assessment District pursuant to Resolution No. 2646 was declared opened. Mr. Evanson of 27 Chula Vista inquired relative to notice of public hearing. Edwin Ness, attorney for the district explained the proceedures for holdingthe Public Hearing and Notice to the Public. No protest being filed, public hearing was closed. RESOLUTION NO. 2652 - RESOLUTIIN FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS IN CHULA VISTA ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA; THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 0.51"3, SHALL NOT APPLY; AND DETERMINING THAT SUCH PROJECT SHALL PROCEED UNDER THE TERMS AND PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913. Ayes; Councilmen: Aby, Baar, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Menary RE: PUBLIC HEARING - FRANCISCO BOULEVARD ASSESSMENT DISTRICT - File 6-14 Public hearing on Francisco Boulevard Assessment District pursuant to Resolution No. 2650 was declared opened. No protest being filed, public hearing was declared closed. RESOLUTION NO. 2653 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS IN FRANCISCO BOULEVARD ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA; THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, SHALL NOT APPLY; AND DETERMINING THAT SUCH PROJECT SHALL PROCEED UNDER THE TERMS AND PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913. Ayes: Councilmen: Aby, Baar, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Menary RE: PUBLIC HEARING - REZONING PROPERTY BETWEEN BAYO VISTA AND SCENIC AVENUE File - 10-3 Public hearing on proposed rezoning and property located between Bayo Vista and Scenic Avenue was declared opened. City Planner, James Garrett briefed the Council on action before the Planning Commission and previous appeal before the Council and informed the Council of the Planning Commission's recommendations. Bill Carrigan attorney, appeared on behalf of the applicant and developers, informing the Council that the developers were aggreable to widening of Scenic Avenue to 22 feet, deeding to the City necessary right-of-ways for the widening. City Attorney, A.E. Bagshaw informed the Council on conditions to be required if improvement of Scenic Avenue was desired. Numerous persons residing in the area spoke to the Council opposing the rezoning of the area from R-1 and opposing to traffic conditions on Scenic Avenue. On motion of Councilman Aby, seconded by Councilman Baar, the Council directed the City Attorney to prepare an agreement on the basis of 26 feet improved right=of-way to be presented to the developers. Ayes: Councilmen: Aby, Baar, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Menary Hearing was continued to 8:00 o'clock P.M., September 17, 1962 7 RE: PROPOSALS FOR LEASING PORTION OF MUNICIPAL PARKING LOT - File 2-10 Proposals for leasing portion of Municipal Parking Lot near Second and Lincoln Avenue submitted by Mobil Oil Company and Shell Oil Company were presented. The Proposals were referred to the City Manager for study and recommendation. RE: TAX RATE FOR FISCAL YEAR 1962-63 - File 9-12=1 RESOLUTION NO. 2654 = RESOLUTION FIXING THE RATE OF TAXES FOR FISCAL YEAR 1962-63 Ayes: Councilmen: Aby, Baar, Jensen & Mayor McInnis Noes: Councilemn: None Absent: Councilmen: Menary RE: BUDGET CONSIDERATION - File 8-5 The Council scheduled meeting for 12:00 o'clock Noon, August 29th, 1962 for consideration final 1962-63 budget. CHARTER ORDINANCE NO. 751 - An ordinance approving the Annexation of Certain uninhabited territory, designated ''Loch Lomond Highlands'' to the City of San Rafael, and nu bering Charter Ordinance No. 751 was passed and adopted as ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen & Mayor Mcinnis Noes; Councilmen: None Absent: Councilmen: Menary CHARTER ORDINANCE NO. 752 - An ordinance amending the zoning map of the City of San Rr-fael California adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, CPIiforn1a, so as to reclassify certain real property from a PCMH (Planned Commercial & Light Industrial With Parking Requirements) District to an M -H (Heavy Commercial & Manufacturing with Parking Requirements)District to an M -H (Heavy Commercial & Manufacturing with arking Requirements) District, and numbering Charter Ordinance No. 752 was passed and adopted as ordinance of the City of San Rafael by the following vote to -wit: Ayes: Councilmen:Aby, Baar, Jensen & Mayor McInnis Noes: Councilmen:None Absent: Councilmen:Menary CHARTER ORDINANCE NO. 753 - An ordinance amending the zoning map of the City ofnSnn Rafael, California adopted by reference by Section 14.12020 of the Municipal Code of San Rafael, C lifornia so as to reclassify certain real property from an R-3 (multiple family residential) district to a C-1 (restricted commercial) district, and numbering Charter Ordinance No. 753 was passed and adopted as ordinance of the City of San Rafael by the following vote, -to -wit: Ayes: Councilmen: Aby, Baar, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Menary RE: PROPOSED AMENDMENT TO ZONING ORDINANCE - (SPECIAL MULTIPLE FAMILY RESIDENTIAL) - File 10-3 Sidney Shaw, member of the County Planning Department questioned Council's right to set hearing, also the validity ofthevote of the Planning Commissi n referring this matter to the Council. Hearing was set for 8:00 o'clock P.M., September 4th and the matter was referred to the City Attorney for study and opinion to be presented to the Council at Council meeting of September 4th, 1962. RE: REZONING SKYVIEW HEIGHTS - File 10-3 Public hearing on proposed rezoning Skyview Heights was set for 8:00 o'clocl. P.M. September 4th, 1962. RE: MARIN BAY IMPROVEMENT DISTRICT NO. I - File 6-7 Peter Hunt, attorney for Marin Bay Improvement District No. I appeared before the Council requesting passage of resolution providing for determination and distribution of surplus funds cof the district. No action taken by the Council. RE: MARIN BAY UNIT I MAINTENANCE AGREEMENTS - File 6= /—%o Supervisor of Public Works, Norris Rawles presented Maintenance Agrements accompanied by Maintenance Bonds for Marin Bay Unit I. Oa motion of Councilman Jensen, seconded by Councilman Baar,the Counc7l authorized the Mayor and City Clerk to execute the agreements on behalf of the City. RE: ENCROACHMENT PERMIT - ROBERT RANDSO - File 2-11 On motion of Councilman Jensen, seconded by Councilman Baar, the Council by uannimous vote approved encroachment permit to Robert S ndro to construct garage wing -walls on City Right -of -Way. Ayes: Councilmen: Aby, Baar, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Menary RE: ENCROACHMENT PERMIT - CARL YEAKEY - File 2-11 On motion of Councilman Aby, seconded by Councilman Baar, the Council by uanimous vote approved encroachment permit to CArl Yeakey to construct wood platform on City right-of-way. Ayes: Councilman: Aby, Baar, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Menary RE: GRAD,IING PERMIT - NORTHGATE CENTER - File 12-17 Supervisor of Public Works, Norris Rawles explained to the Council a request for grading permit to remove large quantities of materials from Northgate Shopping Center location to locations on the Easterly side of Highway 101. Carlos Gbnzales, engineer for the developers poke to the Council on proposed routes to be used for moving of the excavated materials. The Council instructed that necessary precautions be taken relative to dust problems and that all damages to the roadway over which the materials were to be moved were to be repaired. RE: FAIRHILLS DRIVE LANDSCAPING - File 11-6 Samuel Gardiner, attorney appeared before the Councik- requesting permission to landscape portion of the public right-of-way on Fairhills Drive. Maintenance of the planted area to be maintained by the residents v7fthin the area. Ayes: Councilmen: Aby, Baar, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Menary RE: TAX DEEDED PROPERTY - SAN RAFAEL - File 9-12 Pursuant to request of M. F. Donohue, County Tax Collector, the council approved sale of tax deeded property in the City of San Rafael known as Parcel 11-241-15 and Parcel 11-091-o3. Ayes: Councilmen: Aby, Baar, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Menary RE: PARKING METERS - File 11-18 Pursuant to letter dated August 10th, 1962 from Bert C. Corona, Superintendend of San R,,fael City Schools, the Council authorized temporary removal of Two (2) parking meters adjacent to the School Property. mE: PERSONNEL- FIRE DEPARTENT DUTY HOURS - File 7-2 x 9-3-31 On motion of Councilman Baar, seconded by Councilman Jensen, the Council by uanimous vote authorized lowering duty hours of Firemen from 74 to 70 hours per week in accordance with approval and recommendations made by the Fire Commission. Ayes: Councilmen: Aby, Baar, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Menary RE: PARKING STUDY - File 12-14x 4-3-23 Consideration of agreement with D . Jackson Faustman for parkingstudy was ordered held over. RE: MARIN BAY IMPROVEMENT DISTRICT NO. 11 - File 6-10 Kenneth Jones, attorney for the district explained to the Council the necessity for ammending assessment relating to assessment Nos. 25 and 403. RESOLUTION NO. 2655 - A RESOLUTION DIRECTING PARTIAL REASSESSMENT MARIN BAY IMPROVEMENT DISTRICT NO. 2 Ayes: councilmen: Aby, Baar, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Menary RESOLUTION NO. 2656 - A RESOLUTION FIXING TIME AND PLACE OF HEARING ON PARTIAL REASSESSMENT AND PROVIDING NOTICE - MARIN BAY IMPROVEMENT DISTRICT NO. 2 RE: PERSONNEL - File 7-5 The Council authorized employment of Milton Holloway as Fireman effective August 15th, at $500.00 per month, first step. The Council authorized employment of Edward Scholz, Asst. Civil Engineer, effective August 27th, at $593.00 per month, second sthp. RE: CLAIM FOR DAMAGES - DOROTHY P. BECHTOLD File 3-1 Verified claim for damages filed by Dorothy P. Bechtold was presented. Ordered referred to City Attorney, A. E Bagshaw. RE: SUBDIVISION OF PROPERTY AT 27 WOOD STREET - File 10- 6 RE: SUBDIVISION OF PROPERTY AT 27 WOOD STREET - File 10-6 SR. Appeal from decision of Planning Commission on granting application to George BuAler for approval of two (2) lot subdivision on property at 27 Wood Street was filed. Public hearing was set for 8:00o'clock P.M., September 4th, 1962. RE: AGREEMENT WITH COUNTY OF MARIN FOR OPERATION POLICE RANGE - File 4-13-9 Agreement with County of Marin for compensation for Range Master at Police Range was presented. The Council authorized the Mayor and City Clerk to execute the agreement on behalf of the City. RE: STATE SENATE REAPPORTIONMENT INITIATIVE CONSTITUTIONAL AMENDMENT No file no. Resolution in opposition to Proposition 23 to State Senate Reapportionment Initiative Constitutional Amendment was presented. On motion of Councilman Aby, seconded by Councilman Jensen, the Council by unanimous vote was in support of Resolution. RESOLUTION NO. 2657 - RESOLUTION IN OPPOSITION TO PROPOSITION NO. 23 STATE REAPPORTIONMENT INITIATIVE Ayes: Councilmen: Aby, Baar, Jensen & Mayor McInnis Noes: Councilmen: None Absent:Councilmen: Menary All claims approved by the Finance Committee were presented and warrants ordereddrawn for same as appears from the Advice on Warrants dated August 20th, 1962, and now on file in the Clerk's Office to which reference is hereby made for further particulars: - GENERAL FUND $ 14,922.04 SPECIAL RECREATION PROGRAMS FUND 97.00 PARKS FUND 1,211.83 EQUIPMENT & REPLACEMENT FUND 333.80 PARKING DISTRICT NO. I FUND 73.14 MARIN BAY UNIT I FUND 273.34 OAK WOODLANDS UNIT II FUND 1,275.72 $ 18,186.87 Council adjourned W. L. MORGAN - CITY CLERK Approved this day of 190. MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Tuesday, September 4th, 1962 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Councilman On motion of Councilman Jensen, seconded by Councilman Aby, the minutes of August 20th, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: PUBLIC HEARING - SPECIAL MULTIPLE RESIDENTIAL DISTRICT R -3-S - File 10-3 Public hearing was declared opened. City Planner, James Garrett briefed theCouncil on the action of the Planning Commission and discussed with the Council the proposed amendment. Mr. Ben Ostlind of Coldwell-Banker spoke in favor of the proposed district. Mr. Charles Degnan of 100 Elena Circle expressed his views in opposition. Letters approving the rezoning from Dr. and Mrs. William F. Neal, and Dr. James R. Rideout were noted. Public hearing was declared closed. An ordinance amending the zoning or districting ordinance of the City of San Rafael, California, by amending the zoning map of the City of San Rafael adopted by reference by Section 14.12.020 of the Municipal Code so as to amend Chapter 14.12 establish -nt of districts, sub -section 14.12.010 thereof, to include an R -3-S (Special Multiple Residential District), and numbering Charter Ordinance No. 754 was read, introduced, and ordered passed to print by the following vote, to - wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None The Council referred the ordinance back to the Planning Commission for further study of a universal ordinance which could be applied to structures and sites betweeen R-3 Maximum Hemight and areas to the R -3-S maximum. RE: PUBLIC HEARING - REZONING SKYVIEW HEIGHTS TO R -3-S --File 10-3 Public hearing was declared opened. City Planner, James Garrett briefed the Council on the recommendation of the Planning Commission to rezoning. Mr. Ben Ostlind of Coldwell-Banker and Company presented aerial photos and colored pictures re- lating to the proposed development. The Council questioned Mr. Ostlind and Mr. Carlos Gonzales, Engineer for the developers regarding construction and engineering problems. Mr. Degnan spoke in opposition to the rezoning. Public hearing was declared closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by re- ference by Section 14.12.020 of the Municipal Code of Sdn Rafael, California, so as to reclassify certain real property from an R -3-G (Garden Apartment) district to an R -3-S (Special Multiple Residential District, and numbering Charter Ordinance No. 755 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Jensen, Menary and Mayor McInnis Noes: Councilmen: Baar Absent: Councilmen: None RE: PUBLIC HEARING - SUBDIVISION OF LOT - 27 WOOD STREET - File 10-4 Mr. Hartley Appleton, attorney requested clarification of the Section 15.56.010 of the Municipal Code which would allow any other individual but the subdivider to appeal the decision of the Planning Commission. City Attorney, A. E. Bagshaw advised the Council that the Planning Commission and the City Council has heretofore twice denied approval of similar applications with relation to the same property and there has not since been any change in circumstances. The hearing was declared opened. Mr. Appleton stated that he had advised his client to purchase the property on his interpreta- tion of the ordinance that only the subdivider could appeal the decision of the Planning Com- mission and that they had approved the subdivision of the property creating two sub -standard lots. The Council discussed with Mr. Appleton and Mr. Buetler the circumstances which had occurred since Mr. Buetler's purchase of the property from Mrs. McNamara. The Council directed City Attorney, A. E. Bagshaw to make every effort to terminate the problem with a practical solution of all concerned. Hearing was continued to September 17th, 1962. RE: PARK SITES IN TERRA LINDA AREA --File 12-14 Carl Brown, Chairman of the Park and Recreation Commission appeared before the Council and explained the thinking on the part of the Commission in the obtaining of several smaller park sites to be used mainly for park purposes, and presented a contour map showing the proposed areas. The Council authorized the Commission to proceed with negotiations for the acquisition of the several sites. RE: MARIN BAY ASSESSMENT DISTRICT NO. II - File 6-10 Mr. Kenneth Jones, attorney, discussed with the Council his letter of July 18, 1962 regard- ing the Marin Bay Improvement District II Water Agreements and Refunds, suggesting to the Council how such refunds should be distributed. No action taken by the Council. RE: FINAL MAP - PEACOCK LAGOON UNIT II - File 5-1-116 RESOLUTION NO. 2658 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "PEACOCK LAGOON UNIT #2 - Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: MARIN BAY ASSESSMENT DISTRICT NO. 2 - File 6-10 RESOLUTION NO. 2659 - A RESOLUTION DIRECTING AMENDED ASSESSMENT - MARIN BAY IMPROVEMENT DISTRICT NO. 2. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2660 - A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS - MARIN BAY IMPROVEMENT DISTRICT NO. 2. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None The Supervisor of Public Works, Norris filed with the City Clerk a list of unpaid assess- ments in Marin Bay Improvement District II. RE: ANNEXATION TERRA LINDA 9 - File 5-2-31 RESOLUTION NO. 2661 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACKNOWLEDGING RE- CEIPT OF NOTICE OF INTENTION TO CIRCULATE A PETITION FOR THE ANNEXATION OF TERRITORY DESIGNATED AS "TERRA LINDA NO. 9 together with an affidavit OF PUB- LICATION OF SAID NOTICE, AND APPROVING CIRCULATION OF SAID PETITION. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen; None RE: ANNEXATION - LANDS OF TARRANT - File 5-2-35 Public hearing set for October 1, 1962 RE: PLANS AND SPECIFICATIONS - MODIFICATION OF FIREHOUSE NO. 2 - File 4-1-89 Plans and specifications for modification of Firehouse No. 2 at Third and Union Streets were presented. Council ordered the deletion of Item 3. RESOLUTION NO. 2662 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 57 MODIFICATIONS TO FIREHOUSE NO. 2 LOCATION - THIRD AND UNION STREETS. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: THIRD STREET EXTENSION - File 4-3-24 Supervisor of Public Works, Norris Rawles requested permission to have an aerial survey and topographical map of the area proposed for the extension of Third Street westerly from "E" Street for planning of rights-of-way. Monies to be appropriated from Gas Tax Funds. On motion of Councilman Jensen, seconded by Councilman Menary, the Council authorized an agree- ment to be entered into with George S. Nolte, Consulting Civil Engineers, Inc., to make an aerial topography map of the area with the maximum cost not to exceed $3,782.00. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None City Council directed City Attorney, A. E. Bagshaw to draw up an agreement with the San Rafael School District for the exchange of properties effecting the "E" Street School. �;-"�-`le RESOLUTION NO. 2664 - FINDING AND DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE CONSTRUC- TION OF AN EXTENTION OF THIRD STREET WESTERLY FROM "E" STREET TO SECOND STREET IN SAN RAFAEL, AND THAT THE ACQUISITION OF THE PROPERTY HEREIN DESCRIBED IS NECESSARY THEREFORE, Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT NO. 48 (C. A. LEATHERWOOD) - File 2-11 On motion of Councilman Jensen, seconded by Councilman Aby, encroachment Permit #48 was granted. Y Irma U 4 51 Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: STORES FUND - File 8-14 The Council authorized Stores Fund to be used as a revolving fund for the purchase of stationery and supplies for all departments of the City and authorized transfer of $1,000.00 from the General Fund to be used as a working capital. RE: AMENDMENT TO SALARY RESOLUTION NO. 2641 - File 7-3 RESOLUTION NO. 2663 - A RESOLUTION AMENDING RESOLUTION NO. 2641 - PROVIDING FOR CERTAIN OFFICERS, ASSISTANTS, DEPUTIES, CLERKS AND EMPLOYEES OF THE CITY OF SAN RAFAEL AND FIX- ING THE COMPENSATION AND WORKING CONDITIONS THEREOF. Ayes: Councilmen: Aby, Baar, Menary and Mayor McInnis Noes: Councilmen: Jensen Absent: Councilmen: None RE: SCREEN PLANTING (BJORN - KELLY 47 Curtis Avenue) - File 10-2 Attorneys for both Mr. Bjorn and Mr. Kelly requested the Council hold a hearing to interpret ''Screen Planting'' in accordance to the zoning ordinance. The Council directed the City Attorney, A. E. Bagshaw to notify the parties concerned that the City Council is not a judicial body and could not render a decision in this matter. RE: CHANGE STREET NAME - PTN. DEL PRESIDIO TO NORTHGATE DRIVE - File 11-2 On motion of Councilmen Baar, seconded by Councilman Jensen, that portion of Del Presidio Blvd. shown on the Map of Terra Linda Valley, recorded in Map Book 10 at page 34 of Marin County Records be changed to Northgate Drive. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ZONING ORDINANCE ON KEEPING OF HORSES - File 10-2 Public hearing set for September 17th, 1962. RE: PROPOSED AMENDMENT TO ZONING ORDINANCE (SIGN REGULATIONS) - File 10-3 Public hearing set for September 17th, 1962. RE: PROPOSED REZONING BETWEEN CLARK STREET AND RESERVOIR ROAD - File 10-3 Proposed rezoning between Clark Street and Reservoir Road, George Thomas and Joe Pedroli. Public hearing was set for September 17th, 1962. RE: APPEAL OF USE PERMIT -GHILOTTI BROS. & EQUITABLE DEVELOPMENT COMPANY - File 10-5 Ghilotti Bros. and Equitable Development Company appealed the decision of the Planning Com- mission. Public hearing set for September 17th, 1962. RE: TEN (10) UNIT APARTMENT - WEST SIDE OF IRWIN STREET - File 10-2 Notification from Planning Commission advising that preliminary architectural approval for a ten (10) unit apartment building on the West Side of Irwin Street, North of Mission Avenue would be in the path of the future improvement of Highway 101. No action taken. RE: 1962-63 BUD6ET - File 8-5 On motion of Councilman Baar, seconded by Councilman Aby, the Council by unanimous vote approved the 1962-63 Budget with estimated revenues of $2,208,043.00 and expenditures of $2,409,761.00. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: APPLICATION FOR CARD ROOM - File 9-10 On motion of Councilman Baar, seconded by Councilman Jensen, permit to maintain and operate a card room was granted to Cecil F. Cannon, location Dave's Tavern, Second and B Streets. Ayes: Councilmen: Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: Aby Absent: Councilmen: None The Council requested that Chief of Police, Charles Chiesa to request, Cecil F. Cannon to con- struct some sort of window that would enable the police to inspect the card room. RE: NORTHWESTERN PACIFIC RAILROAD TUNNEL - File 117 The Council requested Attorney, A. E. Bagshaw to write Boris H. Lakusta, attorney and re- quest an itemization and basis for the charges of the 'ill to date. RE: PERSONNEL - File 7-5 The Council authorized the hiring of the following:' James McNulty - Police Department at salary of $390.00 as Clerk -Dispatcher com- mencing September 1, 1962. Henry Ingwersen - Police Department at salary of $390.00 as Clerk -Dispatcher com- mencing September 1, 1962. Artell Chukalas - Police Department at salary of $297.00 as Clerk -Typist commenc- ing September 1, 1962. John Goodale- Administrative Assistant, at salary of $431.00 commencing September 5, 1962. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated September 4th, 1962, and now on file in the Clerk's Office to which reference is hereby made for further particulars: GENERAL FUND ------------------------- $ 11,517.02 SPECIAL RECREATION PROGRAMS FUND----- 325.50 PARKS FUND -------------------------- 299.86 EMPLOYEE RETIREMENT FUND ------------ 7,646.54 EQUIPMENT & REPLACEMENT FUND -------- 2,225.80 CAPITAL IMPROVEMENT FUND ------------ 18,412.38 $ 40,427.10_ W. C. MORGAN; ,�CVty Clerk W. C. CORN14ELL, Deputy City Clerk Approved this day 196 MAYOR OF THE CITY OF SAN RAFAEL r e_ ,U N. In the Council Chambers of the City of San Rafael, Monday, September 17th, 1962 at 8:00 O'clock P.M. Regular Meeting: Present: Charles W. Aby, Acting Mayor Louis H. Baar, Councilman David Menary, Jr., Councilman Absent: John F. McInnis, Mayor Fred E. Jensen, Councilman RE: APPROVAL OF MINUTES On motion of Councilman Baar, seconded by Councilman Menary, the minutes of September 4th, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: OPENING OF BIDS - MODIFICATIONS TO FIREHOUSE NO. 2 - File 4-1-89 The following bids for modifications to Firehouse No. 2 were received, opened and read: Ceccotti & Sons of Marin Inc. $ 3,520.50 E. A. Forde Company 5,538.50 Ghilotti Bros. 3,291.20 Plombo Bros. 3,711.85 RESOLUTION NO. 2665 - RESOLUTION OF AWARD OF CONTRACT. (Ghilotti Bros.) Ayes: Councilmen: Baar, Menary and Acting Mayor Aby Noes: Councilmen: None Absent: Councilmen: Mayor Mclnmis and Jensen RE: PUBLIC HEARING - SUBDIVISION OF LOT AT 27 WOOD STREET - File 10-4 Continuation of public hearing on subdivision of Lot at 27 Wood Street was declared opened. City Attorney, A. E. Bagshaw reported on offer made by the former owner Mrs. MacNamara. Mr. Hartley Appleton, attorney appeared on behalf of present purchaser, asked that action be con- tinued until next meeting due to the illness of his client. After discussion public hearing was closed. Councilman Baar, moved seconded by Councilman Menary, to deny the subdivision of lot at 27 Wood Street. Ayes: Councilmen: Baar, Menary and Acting Mayor Aby Noes: Councilmen: None Absent: Councilmen: Mayor McInnis and Jensen RE: PUBLIC HEARING ON AMENDMENT TO MUNICIPAL CODE RE SIGN LOCATIONS - File 10-3 Public hearing on proposed amendment to Municipal Code relative to sign locations was de- clared opened. City Planner, James Garrett reported on the recommendations of the Planning Commission. Public hearing was continued to 8:00 o'clock P.M., October 1st, 1962. RE: PUBLIC HEARING KEEPING OF HORSES IN RESIDENTIAL DISTRICTS - File 10-6 Public hearing on proposed ordinance relating to the keeping of horses in residential dis- tricts was declared opened. City Planner, James Garrett read ordinance proposed by the Planning Commission. A resident of Villa Real spoke to the Council relative to horses being kept on County lands adjacent to City property. Letter of J. P. Donnelly protesting the keeping of horses in residential areas was presented. Public hearing was declared closed. No action was taken by the Council. RE: PUBLIC HEARING - REZONING BETWEEN CLARK STREET AND RESERVOIR ROAD - File 10-3 Public hearing on proposed rezoning of property between Clark Street and Reservoir Road was declared opened. City Planner, James Garrett explained action before the Planning Commission. Mr. Thomas, owner of the hands proposed to be proposed to be rezoned spoke to the Council. Public hearing was closed. On motion of Councilman Baar, seconded by Councilman Menary, the Council by unanimous vote approved of the rezoning. An ordinance amending the zoning map of the City of San Rafael, Cal ifo m ia, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from an R-1 (Single Family Residential) District to an R-2 (Duplex Residential) District, and numbering Charter Ordinance No. 756 was read, introduced, and ordered passed to print by the following vote, to -wit: 'Ayes: Councilmen: Baar, Menary and Acting Mayor Aby Noes: Councilmen: None Absent: Councilmen: Mayor McInnis and Jensen RE: PUBLIC HEARING - USE PERMIT - GHILOTTI BROS. AND EQUITABLE COMPANY - File 10-5 Public hearing was opened and at the request of attorneys for applicants the appeal was dismissed. Public hearing was declared closed. RE: PUBLIC HEARING - MARIN BAY IMPROVEMENT DISTRICT NO. 2 - File 6-10 Public hearing on partial reassessment, Assessment No. 25 and 403, Marin Bay Improvement Dis- trict No. 2 was declared opened. Mr. Kenneth Jones, attorney for the assessment district explained the proceedings. No one else appearing, public hearing was closed. RESOLUTION NO. 2666 - RESOLUTION CONFIRMING PARTIAL REASSESSMENT - Marin Bay Improvement District No. 2. Ayes: Councilmen: Baar, Menary and Acting Mayor Aby Noes: Councilmen: None Absent: Councilmen: Mayor McInnis and Jensen RESOLUTION NO. 2667 - RESOLUTION ORDERING TRANSFER OF FUNDS - Marin Bay Improvement District No. 2. Ayes: Councilmen: Baar, Menary and Acting Mayor Aby Noes: Councilmen: None Absent: Councilmen: Mayor McInnis and Jensen The Council instructed that the City Clerk draw a warrant for $138,920.13 payable to City Treasurer for transfer of funds authorized by Resolution No. 2667. RESOLUTION NO. 2668 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR ACQUISITION OF IMPROVEMENTS. Marin Bay Improvement District No. 2. Ayes: Councilmen: Baar, Menary and Acting Mayor Aby Noes: Councilmen: None Absent: Councilmen: Mayor McInnis and Jensen RE: SPECIAL MULTIPLE RESIDENTIAL DISTRICT R -3-S - File 10-3 CHARTER ORDINANCE NO. 754 - An ordinance amending the zoning or districting ordinance of the City of San Rafael, California, by amending the zoning map of the City of San Rafael adopted by reference by Section 14.12.020 of the Municipal Code so as to amend Chapter 14.12 establishment of districts, subsection 14.12.010 thereof, to include an R -3-S (Special Multiple Residential) District, and numbering Charter Ordinance No. 754 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Baar, Menary and Acting Mayor Aby Noes: Councilmen: None Absent: -Councilmen: Mayor McInnis and Jensen RE: REZONING SKY VIEW HEIGHTS - File 10-3 CHARTER ORDINANCE NO. 755 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from an R -3-G (Garden Apartment) District to an R -3-S (Special Multiple Residential) district, and numbering Charter Ordinance No. 755 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Baar, Menary and Acting Mayor Aby Noes: Councilmen: None Absent Councilmen: Mayor McInnis and Jensen RE: FIRE PROTECTION SAN PEDRO SCHOOL-- File 4-7-4-- A The Council discussed fire protection to be furnished San Pedro School. On motion of Councilman Baar, seconded by Councilman Menary, the Council by unanimous vote directed that the City Manager have an agreement prepared with the School District relative for fire pro- tection be furnished and authorized that the Mayor and City Clerk to execute the agreement on be- half e- ha1f of the City. RE: PROPOSED AMENDMENT TO SUBDIVISION ORDINANCE - File 10-6 Public hearing on proposed amendment to subdivision ordinance relative to subdivision of lands in the City made contrary to City subdivision regulations was set for 8:00 o'clock P.M., October 1st, 1962. RE: REZONING PORTO BELLO - File 10-3 Public hearing on proposed rezoning Porto Bello lying between points San Pedro Road and the San Rafael Canal was set for 8:00 o'clock P.M., October 1, 1962. Y 0 RE: EXTENSION WESTERLY - File 4-3-23 Agreement for engineering services for aerial survey and topographic map, Third Street Ex- tension was presented. On motion of Councilman Menary, seconded by Councilman Baar, the Mayor and City Clerk were authorized to execute the agreement on behalf of the City. RE: SEWER EASEMENT - File 2-3 Deed for sewer easement in Fair Hills area was presented. RESOLUTION NO. 2669 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. Ayes: Councilmen: Baar, Menary and Acting Mayor Aby Noes: Councilmen: None Absent: Councilmen: Mayor McInnis and Jensen RE: PROPOSED LEASE TO SHELL OIL COMPANY - File 2-10 The Council considered and discussed with a representative of the Shell Oil Company leasing of portion of City property at property at Second Street and Lincoln Avenue. Ordered held over to October 1st, meeting. RE: COUNTY URBAN THOROUGHFARE AGREEMENT - File 11-15 City Engineer, Dominic Selmi made a verbal report on monies being made available to the Cities by the County for road improvement. On motion of Councilman Menary, seconded by Councilman Baar, the Council authorized Public Works Department to apply for County funds. RE: PROTEST TO DECISION OF PLANNING COMMISSION - P. J. TARRANT INC. - File 10-4 Protest to decision of Planning Commission regarding architectural approval for apartment at Rose & Marin Streets by P. J. Tarrant, Inc, was set for public hearing at 8:00 o'clock P.M., Oct. 1, 1962. RE: THIRD STREET IMPROVEMENT - File 9-3-40 City Engineer, Dominic Selmi reported to the Council on widening of Third Street requesting decision on construction of sidewalks on north side adjacent to San Rafael High School property and turn out for school buses adjacent to High Street. The Council approved construction on basis of City Engineer's report. RE: ACQUISITION OF RIGHTS-OF-WAY - THIRD STREET IMPROVEMENT - File 9-3-40 City Engineer, Dominic Selmi reported on alignment and rights-of-way acquisition for properties adjacent to Montecito Shopping Center. It was pointed out that acquisition of rights-of-way on the northerly side did result in less ex- penditure of City funds than acquiring of additional property from Montecito Properties for Southerly alignment. The Council approved alignment to the northerly side of Third Street in accordance to recommenda- tion of the City Engineer. RE: PLANNING COMMISSION - File 9-2-6 The City Council by unanimous vote appointed Walter J. Coyne as a member of the Planning Commission for a four (4) Year term from July 1st, 1962 to replace Mrs. Mae Zappetini, RE: CITY HALL - FILE 12-2 City Manager, Dan Andersen reported to the Council on negotiations for property for the new City Hall site. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated September 17th, 1962, and now on file in the Clerk's Office to which reference is hereby made for further particulars: GENERAL FUND $ 12,748.16 SPECIAL RECREATION PROGRAMS FUND 56.00 PARKS FUND 1,023.48 EQUIPMENT & REPLACEMENT FUND 388.33 STORES FUND 408.07 " PARKING DISTRICT NO. 1 70.26 MARIN BAY IMPR,;. DIST NO. 1 1,522.48 MARIN BAY IMPR. DIST. NO, 2 138,975.13 OAK WOODLANDS UNIT 2 ASSESS.DIST. 44,849.52 MARIN BAY IMPR. DIST NO. 2 211,922,85 WHITE OAKS UNIT 2 13,566.60 $ 425,530.88 Council adjourned. W. L: MORGAN; City Cler Approved this day of MAYOR OF THE CITY OF SAN RAFAEL A In the Council Chambers of the City of San Rafael, Monday, October 1st, 1962 at 8:00 o'clock P. M. Regular Meeting: The meeting was opened by Acting Mayor, Charles W. Aby. RE: APPROVAL OF MINUTES Present: Charles W. Aby, Acting Mayor Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman Absent: John F. McInnis, Mayor On motion of Councilman Jensen, seconded by Councilman Menary, the minutes of September 17th, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: PUBLIC HEARING - TARRANT ANNEXATION - File 5-2-35 Public hearing was declared opened. City Planner, James Garrett informed the Council of the recommendations of the Planning Commission. Tlere being no one appearing for or against the annexation, the hearing was declared closed. An ordinance approving the annexation of certain uninhabited territory, designated "Lands of P. J. Tarrant, Inc., to the City of San Rafael, and numbering Charter Ordinance No. 759 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen and Menary Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: PUBLIC HEARING - VARIANCE PERMIT - P. J. TARRANT, INC. - File 10-4 Hearing was declared opened. James Garrett, City Planner briefed the Council on the action and recommendation of the Planning Commission. Mr. Tarrant reviewed with the Council the plans and reasons in requesting the variance. Mr. Joe DeLuca, Mr. Beyer and Mr. Hubbard all spoke against granting the variance. Hearing was closed. After discussion with the Council, Mr. Tarrant withdrew his appeal of the decision of the Planning Commission. RE: CONTINUATION - PUBLIC HEARING AMENDING MUNICIPAL CODE - SIGN LOCATIONS - File 10-3 Public hearing was declared opened. City Planner, James Garrett discussed with the Council the proposed amendment to the sign ordinance and City Attorney, A. E. Bagshaw explained that the purpose of the amendment was for clarification. Hearing was declared closed. An ordinance amending the zoning ordinance of the City of San Rafael, California by amending title fourteen of the San Rafael Municipal Code and sections thereof, providing that signs in certain zoning districts shall be appurtenant to an actual and present use, and numbering Charter Ordinance No. 757 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Jensen and Menary Noes: Councilmen: Baar Absent: Councilmen: Mayor McInnis RE: PUBLIC HEARING - PROPOSED AMENDMENTS TO SUBDIVISION ORDINANCE - File 10-6 Public hearing was declared opened. After discussion by the Council, the public hearing was continued to October 15th. RE: PUBLIC HEARING - REZONING PORTO BELLO FROM R-2 to P -C - File 10-3 Public hearing was declared opened. James Garrett, City Planner briefed the Council on the type of development proposed and the recommendations that be attached to the reclassification. Mr. Green and Mr. Weisenburg proponents of the development presented a plot plan and elevations and discussed with the Council the uniqueness of the plan and its development. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify cer- tain real property from a U (Unclassified) District and from an R-2 (Duplex Residential) Dis- trict to a P -C (Planned Community) District, and numbering Charter Ordinance No. 758 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen and Menary Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: PROPOSED BUS SYSTEM - File 9-9 Mr. Robert Petersen and Richard Smith appeared before the Council and discussed their pro- posal to establish and operate a passenger bus service between San Rafael and contiguous terri- tory. The proposal and proposed time schedule and routes were submitted to the Council. The matter was referred to the Traffic Committee to be discussed at a special meeting to be held Wednesday, October 3rd, at 10:00 o'clock A. M. in the Public Work Department. RE: SHELL OIL COMPANY LEASE PROPOSAL - File 2-10 Representative of the Shell Oil Company discussed with the Council their proposed lease of a portion of the Second and Lincoln Street property. The matter was held over until October 15th for further study. RE: FINAL MAP - MARIAN COURT - File 5-1-117 City Engineer, Dominic Selmi, presented the final map of Marian Court. RESOLUTION NO. 2670 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "MARIAN COURT". Ayes: Councilmen: Aby, Baar, Jensen and Menary Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: ANNEXATION TERRA LINDA NO. 9 - File 5-2-31 RESOLUTION NO. 2671 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING ITS INTENTION TO CALL A SPECIAL ANNEXATION ELECTION, AND FIXING A TIME AND PLACE FOR PROTESTS OF PROPERTY OWNERS. Ayes: Councilmen: Aby, Baar, Jensen and Menary Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: FINAL MAP OF LOCH LOMOND HIGHLANDS UNIT NO. 1 - File 5-1-118 City Engineer, Dominic Selmi presented the final map of Loch Lomond Highaldns Unit No. 1. RESOLUTION NO. 2672 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "LOCH LOMOND HIGHLANDS UNIT NO. 1. Ayes: Councilmen: Aby, Baar, Jensen and Menary Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: LOCH LOMOND HIGHLANDS UNIT NO. 1 ASSESSMENT DISTRICT - File 6-15 Mr. Edwin Ness, attorney presented the following documents for filing: 1. Petition for construction of improvements 2. Boundary Map 3. Certificate of Morgan Noble Engineering, Engineer of Work 4. Engineer's Estimate of cost of construction 5• Commitment letter from Pohlman Company, Underwriter 6. Letter of Engineer of Work agreeing to do the engineering work and accepting the terms of the petition 7. Letter from Sturgis, Den-Dulk, Douglas & Anderson,:attorneys at law, agreeing to do the work in the assessment district proceedings and accepting the terms of the petition 8. RESOLUTION NO. 2673 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS FOR THE CONSTRUCTION OF IMPROV:EMENTS IN LOCH LOMOND HIGH- LANDS UNIT ONE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL,COUNTY OF MARIN, STATE OF CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen and Menary Noes: Councilmen: None Absent: Councilmen: Mayor McInnis 9. RESOLUTION NO. 2674 - RESOLUTION OF INTENTION - IN THE MATTER OF THE CONSTRUCTION OF IMPROVE- MENTS IN LOCH LOMOND HIGHLANDS UNIT ONE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen and Menary Noes: Councilmen: None Absent: Councilmen: Mayor McInnis 10. Engineer's Plans, Specifications and Profiles. 11. Engineer's Report- Assessment and Diagram 12. RESOLUTION NO. 2675 - RESOLUTION AND ORDER ADOPTING ENGINEER':S REPORT AND ORDERING THE WORK, LOCH LOMOND HIGHLANDS UNIT ONE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen and Menary Noes: Councilmen: None Absent: Councilmen: Maya' McInnis 13. Notice of Improvement. Total cost estimated at $224,542.89. 14. RESOLUTION NO. 2676 - RESOLUTION ADOPTING SCALE OF PREVAILING WAGES. Ayes: Councilmen: Aby, Baar, Jensen and Menary Noes: Councilmen: None Absent: Councilmen: Mayor McInnis 2 46, () 15. Notice Inviting Sealed Bids. RE: ENCROACHMENT PERMIT NO. 49 - File 2-11 Encroachment Permit No. 49, Cecile F. Paradis was granted. RE: FINAL ADOPTION CHARTER ORDINANCE NO. 756 - File 10-1 CHARTER ORDINANCE NO. 756 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from an R-1 (Single Family Residential) District to an R-2 (Duplex Residential) District, and numbering Charter Ordinance No. 756 was passed and adopted as an ordi- nance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen and Menary Noes: Councilmen: None Abssnt: Councilmen: Mayor McInnis RE: PLANS AND SPECIFICATIONS THIRD STREET WIDENING PROJECT 45 - File 4-1-90 Plans and specifications for the widening of Third Street from Union to Embarcadero Way were presented. RESOLUTION NO. 2677 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR THIRD STREET IMPROVEMENT PROJECT 45, PHASE 1. Ayes: Councilmen: Aby, Baar, Jensen and Menary Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: REZONING PARCEL 175-010-26 - TERRA LINDA - File 10-3 Public hearing set for October 15, 1962. RE: APPLICATION OF JOSEPH H. McKEE - CARD LICENSE - File 9-10 Application of Joseph H. McKee to move his existing card license from 821 "B' Street to 721 Lincoln Avenue was granted. RE: MEMBERS OF PLANNING COMMISSION - File 9-2-6 On motion of Councilman Jensen, seconded by Councilman Baar, Orlando Conti was appointed for the term from 7/1/62 to 7/1/66 on the Planning Commission. On motion of Councilman Jensen, seconded by Councilman Baar, Mr. Tom O'Toole was appointed as a member of the Planning Commission for the unexpired term of Elmer Welcher, said term expires 7/1/65. RE: PERSONNEL - File 7-5 The Council authorized the hiring of the following:' Fern A. Vincent - Planning Dept. at salary of $297.00 as Typist Clerk commencing 9/24/62 George James Beutler - St. Dept, at salary of $320.00 as Yard Clerk commencing 10/1/62. Eunice I. Opitz - Police Dept. at salary of $297.00 per month as Clerk -Typist commencing 10/1/62 RE: VERIFIED CLAIM OF MARK J. FENTON - File 3-1 Claim of Mark J. Fenton was denied and referred to the Insurance Carrier. All claims approved by the Finance Committee were presented and warrants ordered drawn for sane as appears from the Advice on Warrants dated October 1st, 1962, and now on file in the Clerk's Office to which re- ference is hereby made for further particulars: GENERAL FUND SPECIAL REC. PROGRAMS FUND PARKS FUND EMPLOYEES' RETIREMENT FUND STORES FUND EQUIPMENT it REPLACEMENT FUND CAPITAL IMPR. FUND GAS TAX FUND WHITE OAKS ASSESSMENT II OAK WOODLANDS UNIT II MARIN BAY UNIT II Council adjourned to October 15th, 1962. $ 26,902.93 332.00 954.06 7,785.60 325.36 693.11 1,468.55 22,113.00 337.75 23,453.10 201.70 $ 84,567-16 W. C. C Approved this ELL , DeputNity Cler day of ° 19 MAYOR OF THE CITY OF SAN RAFAEL