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HomeMy WebLinkAboutMinutes 1970-1973 pt. 277 In the Council Chambers of the City of San Rafal, Monday, Octolzer 19tb_, 197Q at 8;QQ.okclock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Mayor Bettini extended the official congratulations of the City Council to City Attorney, David Menary, Jr. on his appointment today as Municipal Court Judge for the County of Marin. RE: APPROVAL OF MINUTES Motion was made by Councilman Jensen, seconded by Councilman Robbins, Jr., the minutes of October A 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT - SECTION 14.40.020 TO ADD ''GASOLINE SERVICE STATION'' - File 10-3 Mayor Bettini declared the hearing open. City Planning Director Herbert G. Hotchner informed the Council that the Planning Commission initiated this amendment and has held a public hearing. He explained that the purpose of a C-1 neighborhood commercial zone is to provide for the types of business and services which the average homeowner or resident has to use at least once a week or to provide a buffer between C-2 zones and adjacent multiple family zones. In certain instances gasoline service stations are appro- priate by use permit in C-1 zones. At the present time service stations are permitted in C-2 zones but are not permitted in C-1 zones. Oftern the C-2 zoning is too intensive and inappropriate in locations where a service station might be a reasonable use and of convenience to the public. There alas no one else speaking for or against the matter. The Mayor declared the hearing closed. An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending Subsection = of Section 14.40.020 so as to add gasoline service stations as permitted uses in a restricted commercial district, and numbering Charter Ordinance No. 994 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT - MAP CHANGE 1117 AND 1111 LINCOLN AVENUE, 807, 810 AND 814 FIFTH AVENUE - File 10-3 Mayor Bettini declared the hearing open. City Planning Director, Herbert G. Hotchner summarized the action taken by the Planning Commission on the application for a service station at the corner of Mission and Lincoln in an R-4 district. The applicants requested the zoning be changed to a C-2 dis- trict and the Commission felt that it was better zoning practice to permit service stations in a C-1 zone by use permit if the zoning ordinance is amended to permit this. Mr. Thomas L. Bardet represent- ing Mobil Oil Company spoke in favor of the rezoning stating that the houses in the area have deterio- rated and that it is economically infeasible to bring the buildings up to standards. He also stated that there is a great amount of traffic at this intersection, and because of this a service station is the best use of the site. Mrs. Donna Good of the League Women Voters of Central Marin spoke in opposi- tion to the rezoning stating that there is a need for places where low income citizens can afford to live and be close to transportation and downtown shopping. Mr. Tom Murray of CASA (Committee for Ade- quate Shelter for All) also spoke in opposition to the rezoning. Other persons speaking against the rezoning were William A. Chapman, 820 Fifth Avenue, Amy Thompson, 14 Bryn Mawr Drive, Mr. Martin Mackey representing the Ecumenical Association for Housing, Mr. William Cannon of 912 Fifth Avenue. In favor of the rezoning, Marie Caletti, 1104 Lincoln Avenue, Mr. Lewis Griselle, a real estate appraiser. The Mayor declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Robbins, Jr. to amend the zoning ordinance to rezone the property at 1117 and 1111 Lincoln Avenue from R-4 (Transient Residential) District to C-1 (Restricted Commercial) District, and not to rezone the property at 807, 810 and 814 Fifth Avenue. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from R-4 (Transient Residential) to C-1 (Restricted Commercial) District, and numbering Charter Ordinance No. 995 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL OF USE PERMIT 70-84, 1111 AND 1117 LINCOLN AVENUE - File 10-5 Mayor Bettini declared the public hearing open. City Planning Director, Herbert G. Hotchner reported on the action taken at the Planning Commission meeting in granting a use permit for a gasoline service station at 1111 and 1117 Lincoln Avenue. The Commission voted 4 to 2 to approve the use permit subject to the following conditions: (a) Applicant shall dedicate additional right-of-way, as determined by the City En- gineer, along the Mission Avenue frontage and round the return to Lincoln Avenue to accommodate a ten foot widening of Mission Avenue and a better turning radius at the corner; but one that permits the existing tree at that location to remain safely. (.b) The applicant shall effect at his expense the widening of Mission Avenue noted in condition ''a'' above including new curbs, gutters, sidewalk, and transition to the existing sidewalk beyond Garden Lane, additional street section and engineer- ing. (c) Any utility or drainage facilities which must be relocated or altered to accomo- date service station usage or the above conditions shall be relocated or altered at the applicant's expense. (d) Installation of curb along and/or access to Garden Lane shall be subject to the approval of the City Engineer. (e) Applicant shall install mature specimen street tree(s) in the relocated sidewalk or adjoining planter areas. The Planning Commission shall approve the number, type and location of such tree(s) on the basis of architectural plans submitted under a separate action. (f) Prior to the issuance of a Building Permit, applicant shall submit revised plans re- flecting all of the details approved by the City Engineer and shall secure Architec- tural Approval from the Planning Commission for style, color, materials, signs, site layout, parking and landscaping. (g) Applicant shall acknowledge in a signed letter to the Planning Commission that he has been informed by the Staff that the City Traffic Engineer has the authority, without securing approval of applicant, to install street island or other physical barriers or signs on Lincoln and on Mission which would preclude movements to or from the sta- tion northbound on Lincoln and westbound on Mission at anytime the City Traffic En - ginner or Traffic Committee determines that traffic movement or safety necessitates such action. (h) This permit is not valid until and unless the C-1 zoning proposed for this property becomes effective and the amendment allowing service stations in the C-1 District, by use permit, becomes effective. Mr. Tom Murray of CASA (Committee for Adequate Shelter for All) spoke on the question of the suitability of a gasoline station in a semi -residential area. Mr. William Chapman questioned the advisability of widening Mission Avenue for the distance of 130 feet from the corner of Lincoln. Mr. Bob Moore of the Marin Independent Service Station Operators expressed the view that there are now too many stations in San Rafael. He requested that the City Council declare a moratorium on service stations until feasibility study can be made and presented a petition with 128 signators in behalf of this request. Mrs. Clarice Kraemer, 109 Oakmont Avenue, San Rafael also spoke in opposition to the permit. Mr. Thomas Bardet re- presentative of Mobil Oil Company addressed the Council stating that his company had agreed to all con- ditions imposed by the Planning Commission. Mayor Bettini declared the public hearing closed. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, to uphold the appeal and deny Use Permit 70-84. Ayes: Councilmen: Barbier, and Miskimen Noes: Councilmen: Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Robbins, to deny the appeal and sustain the action of the Planning Commission. Ayes: Councilmen: Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: Barbier and Miskimen Absent: Councilmen: None RE: COMPLAINT OF NOISE IN FAIRHILLS AREA - File 100 Mr. Edward F. Gunz, 460 Fairhills Drive addressed the Council regarding noise from motorcycles racing up and down Fairhills Drive. The Police Department was requested to continue to take action in connection with violations of this nature. RE: NUISANCE ABATEMENT - File 3-3 CHARTER ORDINANCE NO. 992 - An ordinance establishing an alternate procedure for the abatement of public nuisances, and numbering Charter Ordinance No. 992 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL CANAL - File 12-10 The City Council discussed the question raised by the Planning Commission concerning development in the San Rafael Canal area where a legal question of title to property traversed by the Allardt's Canal exists. A tentative subdivision map is now before the Planning Commission for the land of McPhail's, Inc. on Francisco Boulevard. The Council approved the recommendation of the City Attorney that no development of any type be approved for that area known as Allardt's Canal. However, the Council indicated that it would not deny a proper subdivision solely on the account of the fact that Allardt's land is located between the subdivision and a public street. 79 RE: SOUTH SAN PEDRO ROAD - LANDSCAPING (PHASES II AND III JOINT POWERS AGREEMENT)- File 4-13-14 County Public Works Director, Donald R. Frost appeared before the Council to inform them that some changes had been made in the plans for landscaping and irrigation, South San Pedro Road which had been approved by the Council on June 15, 1970. The plans had been redrawn showing the sprinkler system as an alternate and changing the ground cover to low growing shrubs. The estimated cost is $34,900.00. The Council expressed its disappointment at the delay in the start of construction on the project and re- quested the City Manager to appear before the Board of Supervisors to protest the delay. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to approve the changes made by the County in the plans. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: STREET NAME CHANGE - HARBOR WAY TO LEITH LANE - File 11-2 Planning Director Herbert G. Hotchner reqported that the Planning Commission on October 13, 1970 had re- commended renaming Harbor Way lying between Pt. San Pedro Road and Loch Lomond Drive to Leith Lane in order to eliminate confusion with Harbor Street located off Francisco Boulevard in the Canal area. RESOLUTION NO. 3953 - RESOLUTION AFFIRMING THE RECOMMENDATION OF THE PLANNING COMMISSION OF THE CITY OF SAN RAFAEL IN CONNECTION WITH THE RENAMING OF HARBOR WAY TO LEITH LANE. (Effective October 19th, 1970) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: No ne RE: PROJECT 43-2015(70.129-9 and 70.130.8) ''MODIFICATIONS TO PEACOCK GAP AND FRANCISCO BOULEVARD PUMP STATIONS - File 4-1-164 Director of Public Works, Norris Rawles reported that because of a further delay in the delivery of float control equipment to be used in this project an additional extension of contract time is necessary and he recommended an extension to the 7th day of December, 1970. RESOLUTION NO. 3954 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PURDY ANNEXATION - File 5-2-50 City Planning Director, Herbert G. Hotchner reported that the owner, William J. Purdy, of a 4.65 acres parcel of land South of San Pedro Road between Bay Way and Bellevue Avenue has requested annexation to the City of San Rafael. The Local Agency Formation Commission on September 9, 1970 approved the request- ed annexation and authorized the Council to conduct proceedings without notice, hearing or election. RESOLUTION NO. 3957 - RESOLUTION APPROVING ANNEXATION TO THE CITY OF SAN RAFAEL OF UNINHABITED TERRI- TORY LYING ADJACENT THERETO DESIGNATED AS ''PURDY ANNEXATION. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SEWER EASEMENT - HANSON ANNEXATION - MAIN DRIVE - File 2 - Director of Public Works, Norris Rawles presented a sewer easement from property owners within the re- cently annexed Hanson Annexation off Main Drive, Bayside Acres for recently installed sewer main to service these properties. RESOLUTION NO. 3955 - RESOLUTION ACCEPTING GRANT OF EASEMENT. (Victor Z. Hanson, Sandra E. Hanson, Daniel Polak, Helen M. Polak, Bernice B. Heare and Margaret A. Heare) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SEWER EASEMENT - SOUTHERN HEIGHTS BOULEVARD - File 2-3 Director of Public Works, Norris Rawles presented a sanitary sewer easement from Lorene G. Burrows for installation of sewer main on Southern Heights Boulevard in connection with the City's Sanitary Sewer Relocation Project. Cost of easement is $500.00 and is a budgeted item. RESOLUTION NO. 3956 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. (Lorene G. Burrows) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: OAKWOOD DRIVE SLIDE CORRECTION PROJECT 41-2022 (70.132-11) - File 4-1-169 x 2-1-38 City Attorney, David Menary, Jr. presented a deed for the three acre parcel of land from Anna H. Thayer et al. RESOLUTION NO. 3952 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARKS AND RECREATION COMMISSION - File 9-2-4 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to reappoint Charles Tacchi and George S. Burton to the Parks and Recreation Commission. The Mayor expressed his thanks and appreciation to Charles Tacchi, Chairman of the Parks and Recreation Commission for an outstanding job in the past. He also expressed his appreciation to George Burton for his service. RE: PARK AND RECREATION FACILITIES - File 12-15 Councilman Jensen suggested to the Council that a study be made to see if developers of new residential subdivisions can be required to provide either land or in lieu payments for recreation areas. The Parks and Recreation Department was authorized to look into the matter. RE: ACTUARIAL STUDY - STATE PERSONNEL EMPLOYEES RETIREMENT SYSTEM - File 7-1-19 City Manager, James McCown reported that he is waiting for further information from the State concerning half -pay continuance under the Employees Retirement System. The City Council requested written informa- tion ppior to the meeting in order that they may study the proposal. The matter was held over to the meeting of November 2nd, 1970. RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Robbins, to place the following personnel on the regular payroll: (a) Gary A. Gee, Patrolman, Range 14a -D, monthly salary, $932.00 commencing October 22nd, 1970. (b) Michael R. Miller, Patrolman, Range 14aa, monthly salary, $812.00 commencing November 1st, 1970. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PERSONAL INJURIES - MRS. HAROLD IVANI - File 3-1 A letter was received from Mrs. Harold Ivani relating personal injuries sustained in a fall when her heel caught on a broken sidewalk on Third Street near "C" Street on August 17th. Councilman Robbins suggested that this was merely a report of the accident and no claim had been made for damages. It was decided that the City Attorney should contact Mrs. Ivani and have here complete a valid claim and the matter was put over to the next meeting. RE: PARKING AND PARKING LIMITS - ONE-WAY STREET SYSTEM - File 11-8 x 11-14 Mayor Bettini suggested that the Traffic Committee investigate the possibility of 'no parking' on Second and Third Street between 4:00 P.M. and 6:00 P.M. Motion was made by Councilman Miskimen, seconded by Councilman Jensen, to refer the matter to the Traffic Committee for investigation. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None It was also suggested that consideration be given to synchronizing the traffic lights to accommodate traffic moving east and west through town. City Engineer, Ely Caillouette, Jr. suggested that a review of the D. Jackson Faustman Traffic Improvement Plan be made by the Traffic Committee. The Council con- curred and suggested that the matter be reviewed and a report made in the next month. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated October 19th, 1970, and Advice on Payroll dated October 20th, 1970, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 38,341.98 PARKS FUND 895.02 LIBRARY FUND 1,528.31 EMPLOYEE RETIREMENT FUND 74,344.96 PARKING DISTRICT #1 FUND 980.04 CAPITAL IMPROVEMENT FUND 79,786.62 STORES REVOLVING FUND 1,408.93 EQUIPMENT REPLACEMENT 8,069.54 $205,355.40 Payroll: GENERAL FUND $ 102,821.92 PARKS FUND 4,661.00 LIBRARY FUND 4,972.59 $ 112,455-51 Council adjourned. MARION A. GRADY, City Clerk T Approved this t -x' 1Lof day of 19 7y CCGL� � l2� MAYOR OF THE CITY'OF SAN RAFAEL 81 In the Council Chambers of the City of San Rafael, Monday November 2nd, 1970 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Fred C. Robbins, Jr., Councilman Absent: John A. Miskimen, Councilman Motion was made by Councilman Jensen, seconded by Councilman Robbins, Jr., the minutes of October 19th, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: ZONING ORDINANCE TEXT AMENDMENT - SECTION 14.40.020 TO ADD ''GASOLINE SERVICE STATION'' - CHARTER ORDI- NANCE NO. 994 - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 994 - An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending subsection = of S Cction 14.40.020 so as to add Gasoline Service Sta- tions as permitted uses in a restricted commercial district, and numbering Charter Ordinance No. 994 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ZONING ORDINANCE AMENDMENT - MAP CHANGE 1117 AND 1111 LINCOLN AVENUE, 807, 810 and 814 FIFTH AVENUE - CHARTER ORDINANCE NO. 995 - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 995 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from R-4 (Transient Residential) to C-1 (Restricted Commercial) District, and numbering Charter Ordinance No. 995 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: INSTALLATION OF TRAFFIC SIGNALS AT NORTHO:ATE DRIVE AND LAS GALLINAS AVENUE, PROJECT 41-2021(70.308-7) File 4-1-165 Director of Public Works, Norris Rawles explained that the contractor on this project requires an exten- sion of time to December 7, 1970 in order to complete the additional installation as ordered by the City of San Rafael. RESOLUTION NO. 3958 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskiemn RE: AGREEMENT - PACIFIC GAS AND ELECTRIC COMPANY FOR UNDERGROUND UTILITIES - FRANCISCO BOULEVARD PROP- ERTY - File 2-1-5 x 4-4 Director of Public Works, Norris Rawles reported that underground utilities were being provided by Pacific Gas and Electric Company at the Old Corporation Yard site to service Dexter & Viglienzone developments, the total cost to be $8,388.00. The sales agreements provide that payment of the installation cost be 1/3 by Dexter, 1/3 by Viglienzone, and 1/3 by City of San Rafael. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the Mayor and City Clerk be authorized to sign an agreement with Pacific Gas and Electric Company and the sum of $8,388.00 be paid from the unappropriated reserve. RESOLUTION NO. 3959 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: SANITARY SEWER RELOCATION ON Fairhills Drive - PROJECT 43-2014 (70.127-11) - File 4-1-170 Director of Public Works, Norris Rawles reported that the contractor on the FairhiIIs Drive Sanitary Sewer Relocation Project requests 15 days extension of time to complete the project and recommended that this extension be approved. RESOLUTION NO. 3960 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: BOARD OF EXAMINERS AND APPEALS - File 9-2-7 Chief Building Inspector, Jack Coates requested an appointment of a representative to the Board of Examiners and Appeals to replace Sidney Colton who passed away recently. Mr. Coates was asked to provide a list of the present board so the Council can give some thought to the replacement of Mr. Colton, and the matter was 83 continued to the next meeting. RE: FLAG CONTEST - File 132 Mayor Bettini reported that over 200 sketches had been submitted in the flag contest and that the design of Barbara Schlesselman, 213 No. Almenar, Greenbrae had been chosen for the City flag. Designs by Denise Urban and Sharon Fox had been second and third choice. The winners will be invited to the next Council meetig for a presentation. RE: CLAIM - PERSONAL INJURIES - KENNETH JOHN BURTON - File 3-1 The claim of Kenneth John Burton for personal injuries sustained in a vehicular collision on Mission Ave. and High Street was presented to the Council. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to deny the claim and refer it to the insurance company. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Counc-lmen: None Absent: Councilmen: Miskimen RE: MARIN COUNTY COURTHOUSE - File 124 Mr. Robert Roumiguiere representing a group of individuals with an option to purchase the Marin County Courthouse reported that the option expires on November 10th, 1970. He presented a concept for a square with a great amount of open space, fountains and trees, and indicated that if the Board of Supervisors would extend the option they would continue to work on this plan or would work with anyone interested in developing along these lines. The plan calls for development of the property primarily for financial in- stitutions and office use, thuse not requiring the extensive parking that retail stores would need. The Council indicated that the plan met with their approval and requested City Manager, James McCown to appear before the supervisors to convey their approval. RE: RESIGNATION - DAVID MENARY, JR., CITY ATTORNEY - File 9-3-16 A letter of resignation from David Menary, Jr. as City Attorney of the City of San Rafael effective November 10th, 1970 was presented. Motion was made by Councilman Jensen, seconded by Councilman Robbins, to accept the resignation with re- grets and thank Dave for the time he has devoted to the City of San Rafael both as a Councilman and as City Attorney and wish him success in his new office. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen Motion was made by Councilman Barbier, seconded by Councilman Jensen, Fred Robbins, Jr. be appointed as City Attorney to fill the unexpired term of David t:lenary, Jr. Ayes: Councilmen: Barbier; Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen Councilman Robbins expressed his appreciation to the Council for their confidence in makingthis appoint- ment. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to accept the resignation of Fred Robbins, Jr. as City Councilman when it is presented in writing to the City. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: COMMENDATION - File 102 Councilman Jensen expressed his thanks and that of the other Councilmen for the extraordinary services performed by City Manager, James McCown for the City of San Rafael at the League of California Cities Con- vention in San Diego. Councilman Harry Barbier suggested that a letter be written by the City Manager to thank Harry Williams who recently stepped down as Chairman of the Fire Commission for his services rendered so generously to the City of San Rafael. RE: ABATEMENT PROCEEDINGS - File 3-3 Chief Building Inspector Jack Coates informed the Council that abatement proceedings on the dilapidated shed at the rear of the lot at 1579 Lincoln had been started under the dangerous building section of the building code. RE: USE OF LITCHFIELD BUILDING - FRANCISCO BOULEVARD - File 10-5 Councilman Harry A. Barbier requested the City Attorney and the City Planner to look closely into the matter of the use of the building owned by Irving Litchfield on Francisco Boulevard for rock concerts and dances as there have been many complaints concerning the use of the building with resulting noise and in- crease in crime. RE: ECONOMIC OPPORTUNITY COMMISSION - File 13=1 Mayor Bettini reported that he had recently appointed a representative to the Economic Opportunity Com- mission for one meeting and asked that a resume be sent by the appointee which has not yet beenreceived. He stressed that no official appointment has been made at this time and requested the City Manager to convey this information to the Commission. RE: SIGNS AND SELF-SERVICE GASOLINE STATIONS - File 125 Mayor Bettini inquired into the status of the sign ordinance and also the matter of passage of an orai- nance regulating self-service gasdline stations. He requested that these items be kept as items on the agenda. RE: EAST SIR FRANCIS DRAKE BOULEVARD CONNECTION WITH ROUTE 17 - File 11-16 Director of Public Works, Norris Rawles informed the Council that the contract for the widening of East Sir Francis Drake Boulevard has been awarded by the State and he requested that the City go on record as desiring that the connection to Highway 17 be included in this project at this time. The City Council concurred and authorized the Director of Public Works to so notify the State Division of Highways. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated November 2nd, 1970, and Advice on Payroll dated November 5th, 1970, and now on file in Finance office to which reference is hereby made for further particulars: Claims: General Fund Parks Fund Library Fund Parking District Capital Improvement Stores Fund Equipment & Replacement Pay rol 1 : General Fund Parks Fund Library Fund Council adjourned to Monday, November 16th, 1970. d, $ 15,547.19 1,359.02 3,025.62 567.47 52,411.00 85.47 2,689.80 $ 756 5.^57 109,529.93 4,661.00 4,969.22 $ 119,160-15 MARION A. GRADY, City Clerk 1611-11 7n Approved this-/� -day of r/ �2 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, November 16, 1970, at 8:00 P.M. Regular Meeting Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman RE: APPROVAL OF MINUTES Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of November 2, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING, APPEAL OF PLANNING COMMISSION CONDITION ON ARCHITECTURAL APPROVAL FOR SIGNS (AA70-82) 715 FRANCISCO BOULEVARD, LEONARDI PROPERTIES & L. H. LEONARDI, OWNERS, JEFF HARRIMAN, REPRESENTATIVE - File 10-7 Mayor Bettini declared the hearing open. Planning Director Herbert G. Hotchner addressed the Council regarding the proposal of Mr. Jeff Harriman, the applicant, for fascia sign on front of the building and the Planning Commission's condition that two roof -top billboard signs be removed by October 31, 1973, or earlier, if required under a Sign Ordinance to be adopted by the City of San Rafael. The appellant, Jeff Harriman, spoke to the Council objecting to using his sign application as a leverage for removing the upper billboard. The public hearing was declared closed and the Council then dis- cussed with the Planning Director the size and type of sign that would be permitted if the building in question was a separate building and the factor of the billboard was not involved. Moved by Councilman Jensen, seconded by Councilman Barbier, the appeal be sustained and sign permit be granted subject to condition "b" of the Planning Commission. Ayes: Councilmen: Barbier, Jensen Noes: Councilmen: Miskimen, and Mayor Bettini Absent: Councilmen: None It being a tie vote the motion failed. Moved by Councilman Miskimen, seconded by Councilman Barbier, the matter be referred back to the Planning Commission for action at their next meeting, pointing out that the Council looked with disfavor on the condition "a" for removal of billboards from the roof of the building. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PETITION TO CORRECT TRAFFIC SITUATION ON ELIZABETH WAY - File 101 x 11-12 Mr. Frank W. Aitken, Jr. of 66 Elizabeth Way addressed the Council presenting a Petition of 43 residents of Elizabeth Way, regarding speeding, racing sports cars and motorcycles creating a dangerous traffic situation and resulting in excessive noise. City Manager James McCown reported that the matter had been referred to the Traffic Committee and the Police Department for action. Chief of Police Joseph J. Brusatori has put an additional patrol and radar car on the street. RE: USE OF LITCHFIELD BUILDING - FRANCISCO BOULEVARD - File 10-5 Mr. Irving Litchfield appeared before the Council to discuss the City's complaints about the operation of a rock music concert hall on premises owned by him at 737 Francisco Boulevard. Mr. Daniel Weinstein, attorney for the operators of Pepperland, spoke on behalf of his clients, requesting that any cor- rections required in the conduct of this business be discussed with the owner and operators directly and not through the newspaper. City Planner Herbert G. Hotchner reported that he has researched the entire record and is prepared to sit down with Mr. Litchfield and Mr. Weinstein to discuss the use of the building. RE: FEDERAL SUBSIDIZED INSURANCE FOR FLOODS AND SLIDES - File 12-9 Norris Rawles, Director of Public Works, discussed the National Flood Insurance Act of 1968, which authorizes the Federal Department of Housing and Urban Development in cooperation with the private insurance industry to arrange for the provisions of Federal Flood Insurance within communities which have evidenced interest in securing this coverage. To receive the Federal Insurance subsidy we must adopt land use and control measures consistent with Federal criteria and perform a rate -make study. Moved by Councilman Jensen, seconded by Councilman Barbier, and carried that a resolution be adopted requesting Federal Flood Insurance for the City of San Rafael. RESOLUTION NO. 3961 - RESOLUTION REQUESTING NATIONAL FLOOD INSURANCE FOR THE CITY OF SAN RAFAEL Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Coyncilmen: None RE: EAST SAN RAFAEL TIDELAIND FILL ELEVATIONS - File 12-9 City Engineer Ely Caillouette, Jr. and Director of Public Works Norris Rawles presented the recommended requirements for East San Rafael tideland fill and discussed with the Council the criteria of the Fed- eral Government in connection with the Federal Flood Insurance. The recommendations are as follows: Recommended Requirements for East San Rafael Tideland Fill: A soils engineering study shall be made of the area to be filled by a qualified Soils Engineer to de- termine probable settlements and type of fill to be placed over the area. All elevations referred to below are on Mean Sea Level (U.S.C. & G.S.) Datum and are after settlement elevations. A levee shall be constructed around the area facing the Bay for positive protection - levee shall conform to: Minimum elevation of +9.0. Hard facing (rip -rap) on outer side. Minimum 25 foot top width with a paved all-weather surface for maintenance. A minimum of two points of access to the levee - preferably from opposite ends. Where a roadway is shown on the adopted master plan it shall be incorporated into the design of the levee. Maintenance access pads to be provided to all drainage facilities. Top width of levee shall be determined by the engineering design study, but shall be a minimum of 25 feet sloping behond the required level width at 5% maximum to developed finished grade. Levee shall be designed with slope stability and analysis considering all modes of failure and safety factors and subject to the approval of the City Department of Public Works. Minimum gutter grade shall be elevation +3.0 feet and longitudinal street slopes shall be a minimum .75%. Minimum finished floor elevations shall be +6.0 feet. Area storage capacity for a period of 25 hours before flooding based on a 100 year frequency storm shall be provided. A gravity drainage by-pass system with adequate capacity to protect the area shall be provided. Auxiliary independently driven pumps and motors with 100% of design volume capacity shall be provided for protection in case of power failure. Outfall channels conducting off-site drainage shall be constructed to provide 1.5 feet of freeboard under a 100 year design storm. Approval of fill elevations will be subject to providing an engineered utility plan for the surface drainage system, sanitary sewer system, and all other utilities showing the feasibility of constructing same without creating excessive maintenance problems for the City in the future. All areas which will be future public right-of-way shall be filled to a standard approved by the City Department of Public Works. Approval of all plans for the development of this area to a lower level fill elevation than the +9.0 (Mean Sea Level Datum) required by City ordinance will be made only on the basis that the City will require a drainage and levee system which as much as possible will be a Fail -Safe system. Signed by Ely Caillouette, Jr., City Engineer, and Norris M. Rawles, Director. Moved by Councilman Barbier, seconded by Councilman Miskimen, to tentatively approve the recommendations of the City Engineer for Engineering criteria to establish minimum requirements for Tideland Fill Development of the East San Rafael area as outlined above. The Council directed that their approval is subject to this criteria meeting all Flood Plain Management Engineering Criteria of the Federal Govern- ment which would be a requirement for the City to qualify for National Flood Insurance. The Council also indicated that any criteria which they would approve would have to be of a high enough standard so that the area would qualify for National Flood Insurance. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Mi• RE: STORM SEWER EASEMENT - KERNER-BELLAM REALTY COMPANY - File 2-4 Director of Public Works Norris Rawles presented a storm sewer easement from Kerner-Bellam Realty Company granting a 15 foot wide drainage easement to provide additional access to existing concrete drainage channel in East San Rafael. RESOLUTION NO. 3962 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: DRAINAGE IMPROVEMENTS BRET HARTE ROAD AND FORBES AVENUE, PROJECT 9617 and 9619 - File 4-1-174 Director of Public Works Norris Rawles advised the Council that the contractor for the drainage improvements Bret Harte Road and Forbes Avenue had requested additional time for completion of the project. The Forbes Avenue bridge has been removed and a culvert put in, however, the contractor is now waiting for relocation of utilities in this area. RESOLUTION NO. 3963 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (DECEMBER 7, 1970) Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PROCLAMATION - File 110 RESOLUTION NO. 3964 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PROCLAIMING THE MONTH OF DECEMBER, 1970 AN EQUAL OPPORTUNITY MONTH Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC COMMITTEE RECOMMENDATIONS - File 11-8 Director of Public Works Norris Rawles presented a resolution restricting parking on the north side of Third Street from Tamalpais Avenue to Lincoln Avenue and designating the area a tow -away zone. RESOLUTION NO. 3965 - RESOLUTION DESIGNATING AND DESCRIBING NO PARKING AREA Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None A second resolution removing parking from the south side of Third Street from Tamalpais Avenue to Lincoln Avenue from 4:00 P.M. to 6:00 P.M., Sundays and holidays excepted, and designating same as a tow -away zone, was presented. RESOLUTION NO. 3966 - RESOLUTION DESIGNATING AND DESCRIBING NO PARKING AREA DURING SPECIFIED HOURS Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: STREET NAME CHANGE - CLINTON STREET TO CLINTON COURT - File 11-2 Planning Director Herbert Hot chner presented a recommendation of the Planning Commission for the renam- ing of Clinton Street to Clinton Court. The property owners involved have been notified and have not indicated objection. RESOLUTION NO. 3967 - A RESOLUTION AFFIRMING THE RECOMMENDATION OF THE PLANNING COMMISSION OF THE CITY OF SAN RAFAEL IN CONNECTION WITH THE RENAMING OF CLINTON STREET TO CLINTON COURT (effective November 16th, 1970) Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RESIGNATION OF FRED C. ROBBINS, JR. - File 9-1 A letter of resignation as councilman of the City of San Rafael, effective November 10, 1970, was sub- mitted by Fred C. Robbins, Jr. Moved by Councilman Barbier, seconded by Councilman Jensen, to accept the resignation. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPOINTMENT OF MEMBER TO CITY COUNCIL - File 9-1 City Manager James McCown reported that letters had been received from 7 individuals applying for appointment to the City Council. The matter was continued to permit the Council to review the applications. RE: BOARD OF EXAMINERS AND APPEALS - File 9-2-7 Moved by Councilman Jensen, seconded by Councilman Miskimen, Alfred G. Hansen be appointed to the vacancy on the Board of Examiners and Appeals. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LEASE OF CITY PROPERTY - SAN RAFAEL YACHT CLUB - File 2-8-11 City Manager James McCown read a letter received from the San Rafael Yacht Club regarding the renewal of their lease. Moved by Councilman Jensen, seconded by Councilman Barbier, to renegotiate the lease with the San Rafael Yacht Club for a period of 10 years. Ayes: Councilman: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The matter was referred to the City Manager and the Planning Director to work out the terms of the lease. RE: REVISED TIMETABLE FOR SANITARY SEWER RECONSTRUCTION PROGRAM - File 12-6 Public Works Director Norris Rawles presented a new timetable for the Sanitary Sewer Reconstruction Program as requested by the Regional Water Quality Control Board. Under the revised timetable, all stages of the program will be under construction or completed by the end of the calendar year 1970, whether or not Federal money is available from HUD. Moved by Councilman Jensen, seconded by Councilman Barbier, the revised timetable be approved. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT - CITY -COUNTY PLANNING COUNCIL - File 4-13-24 City Planning Director Herbert G. Hotchner reported that the County Administrator has requested changing quorum requirements on the City -County Planning Council from 51% of the representatives present to the presence of representation from a majority of the member city jurisdictions plus representation from the County. RESOLUTION NO. 3969 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (CITY -COUNTY PLANNING COUNCIL) Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TELE-VUE SYSTEMS, INC. - File 9-7-4 x 130 Mr. Leonard Bergseth, Area Manager of Tele-Vue Systems, Inc., presented a written status report and spoke to the Council concerning the current status of CATV construction within the city of San Rafael. The major difficulty at this time is in phase III in obtaining easements to complete the Canal Area. Moved by Councilman Jensen, seconded by Councilman Barbier, to extend for 90 days from August 17, 1970, the approval for charging in phases I, II, III and IV. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Jensen, to place the following on the regular payroll: John F. Rucker, Equipment Operator, Range 12 Step B, monthly salary $759.00, com- mencing November 9, 1970. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None 89 RE: CLAIM FOR DAMAGES - File 3-1 A letter from The Pacific Telephone and Telegraph Company claiming damages in the amount of $600.00 to underground facilities caused by a Backhoe owned by Maggiora and Ghilotti, Inc. and operated by their employee was presented. It was duly moved and seconded to deny the claim and refer it to the City's insurance carrier, with a copy of the claim and notice of this action to be sent to Maggiora and Ghilotti, Inc. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT - NORTHWESTERN PACIFIC RAILROAD COMPANY - File 4-5-12 Director of Public Works Norris Rawles presented an Agreement with the Northwestern Pacific Railroad Company for installing pedestrian warning signals at Paloma Avenue, the City to reimburse the railroad for 50% of all cost and expense in connection with the installation of said signal. The Public Utilities Commission has agreed to pay one-half of the City's portion. Moved by Councilman Jensen, seconded by Councilman Barbier, to appropriate the sum of $2,050.00 from the unappropriated reserve and authorize the Mayor and City Clerk to sign the Agreement. RESOLUTION NO. 3968 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ANNEXATION - File 5-2 Mayor Bettini pointed out that Local Agency Formation Commission has authorized a Terra Linda re- organization committee to look into the feasibility of a merger between Terra Linda Parks & Recreation District and Terra Linda Community Services District. He suggested, and the Council concurred, that Mr. James McCown should appear before the committee to point out the benefits to the area of annexing to the City of San Rafael. RE: GRANDI ANNEXATION - File 5-2-4 City Planning Director Herbert G. Hotchner was authorized to appear before the Local Agency Formation Commission meeting on Wednesday, November 18, to explain the City's position in resubmitting the Grandi annexation application to their board for amendment. The Council felt that the three property owners adjacent to Mr. Grand i's property should not be required to come into the City of San Rafael if they do not wish to do so. RE: EXCLUSION OF SMITH BROTHERS RANCH FROM AGRICULTURAL PRESERVE - File 10-2 December 7, 1970 was set for a public hearing in the matter of disestablishing the Smith Brothers ranch from the agricultural preserve. RE: PURCHASE OF PROPERTY - File 2-7-1 City Manager James McCown reported that the City has been made a very attractive offer on the purchase of approximately 540 acres in the northeast part of San Rafael. The Council agreed to meet at an early date to view the property and the matter was carried over to the meeting of December 7. RE: STOP SIGN - File 11-9 Councilman Barbier requested the Traffic Committee make a study of the feasibility of a four-way stop at the intersection of Dubois Street and Woodland Avenue. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated November 16, 1970, and Advice on Payroll dated November 20, 1970, and now on file in Finance office to which reference is hereby made for further particulars. Claims: General Fund $ 28,317.50 Parks Fund 1,510.23 Library Fund 2,849.25 Employee Retirement Fund 22,061.95 Parking District #1 Fund 132.50 Capital Improvement Fund 40,357.27 Stores Revolving Fund 622.14 Equipment & Replacement Fund 5,871.72 $ 101,722.5 Payroll: General Fund $ 106,229.93 Parks Fund 4,695.50 Library Fund 4,777.71 $ 115,703.1 Council adjourned to Monday, December 7, 1970. s MARION A. GRADY, City Clerk e5 49 Approved this -day of 19-X -- � MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City of San Rafael, Monday, December 7th, 1970 at 7:00 P. -M. Special Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman rI Mayor Bettini called the meeting to order. The Council discussed the appointment of a Councilman to fill the unexpired term of Fred Robbins, Jr. Meeting adjourned at 7:50 P.M. MARION A. GRADY, City Clerk Approved this day of(2 7p1. i/ MAYOR OF THE CITY OF -SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, December 7th, 1970 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of November 16th, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - AMENDMENT OF TITLE 14 (ZONING ORDINANCE) CORRECTING REFERENCE TO CODE SECTION 14.74.020 - File 10-3 Mayor Bettini declared the hearing open. City Planning Director, Herbert G. Hotchner explained that this amendment to the zoning ordinance was merely to correct a section number in referring to the definition of a home occupation. The Planning Commission initiated amendment and has held public hearing. Mayor Bettini declared the hearing closed. An ordinance correcting reference to code section, and numbering Charter Ordinance No. 996 was read, in- troduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EXCULSION OF SMITH BROTHERS RANCH FROM AGRICULTURAL PRESERVE - File 10-2 Planning Director, Herbert G. Hotchner explained that in order to meet the publication requirement of the California Government Code it is necessary to reset the public hearing on the exclusion of Smith Brothers Ranch from Agricultural Preserve. Motion was made by Councilman Miskimen, seconded by Councilman Jensen, the public hearing set for January 4th, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GIFT OF PROPERTY - BLACK CANYON - File 2-1-39 City Manager, James McCown summarized the action to date on an offer of a gift of 539 acres of undeveloped property in the Black Canyon area. Frank Sinatra, et al have offered to give the property to the City of San Rafael. The City will make the final mortgage payment of $167,000.00 due July 15, 1971, and the cost of two current appraisals of the land and the title search. The property has been examined by the City's Planning, Engineering and Parks and Recreation staff and there has been a great deal of public interest in the acquisition of the land for a recreational "greenbelt" area. The Council indicated that since the large sum of money needed to acquire the property would substantially lower the City's reserve fund they would reserve the right to sell portions of the property to recoup the expended amounts. Peter Meyer, John Hart, Michael Peevey, Lester Clark, Lorenz, L. Schmidt, Morrie Camhi, John Busterud, William Dresia and Dick Fisher were members of the audience who spoke in favor of the acquisition of the land, however, objected to the sale of any portion of it in the future. Dick Sadler, President of the Black Canyon Pr perty Owner's Association, Jack Friedman of the Loch Lomond Homeowner's Association and R. A. McMillan of the Glenwood Homeowner's Association expressed their support of the plan. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to accept the deed of gift from the Sinatra interests with thanks, subject to a review of the preliminary report by our City Attorney and up- dating the title report from October to the present time; record the deed on or before December 9th,1970; make the mortgage payment; reserve the right to sell any part of the property that we think necessary to recoup our investment and the Mayor and City Clerk be authorized to sign the acceptance as prepared by Mr. Norman Tyre and the City Attorney. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PROPOSED AMENDMENT TO THE SAN RAFAEL GENERAL PLAN ENTITLED "HOUSING ELEMENT" - File 115 Mrs. Adelaide Wilson, Chairman, Housing and Social Planning Committee, Marin City -County Planning Council presented Mr. Werner von Gundell, Director, Marin County Planning Department who spoke on Federal and State Housing Element Requirements as they affect San Rafael. Mrs. Marjorie Macris, Planner, Marin County Planning Department made a slide presentation showing the types of housing that should be made available for low and moderate income families. Mrs. Priscilla Bole of the League of Women Voters suggested that the Council appoint a citizens committee. Mayor Bettini thanked the Housing Committee for their presentation. RE: ASSOCIATION OF BAY AREA GOVERNMENT'S HOUSING ELEMENT STATEMENT - File 115 x 12-9 Director of Public Works Norris Rawles presented the Association of Bay Area Government's statement of housing goals as it appears in the approved Regional Plan 1970-71 as follows: 93 "To provide the opportunity for all persons in the Bay Area to obtain adequate shelter convenient to other activities and facilities, in neighborhood that are satisfying to them" A Housing and Urban Development reviewing staff requires the City's endorsement of the above statement as part of the application for a sanitary sewer improvement grant. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to endorse the Association of Bay Area Government's statement of housing goals as stated above. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC WORKS FIVE YEAR CAPITAL IMPROVEMENT PROGRAM 1971-1975 - File 8-5 Director of Public Works Norris Rawles presented an estimated five year program of capital improvement which is a recent requirement of the Department of Housing and Urban Development reviewing staff as part of our application to them for a sanitary sewer improvement grant. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to adopt the Capital Improvement Program as presented. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ABANDONMENT OF 20 FOOT PUBLIC UTILITIES EASEMENT - SOUTHERLY END OF THE NORTHGATE SHOPPING CENTER - File 2-12 Director of Public Works, Norris Rawles explained to the Council the need for abandonment of an existing 20 foot public utilities easement in the Southerly end of the Northgate Shopping Center in order to facilitate proposed construction of the new Sears Roebuck & Company store, and requested that a hearing date be set for January 4th, 1971. RESOLUTION NO. 3970 - RESOLUTION OF INTENTION TO VACATE VARIOUS EASEMENTS. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: OAKWOOD DRIVE SLIDE REPAIR PROJECT NO. 41-2022 (70.132-11) - File 4-1-169 Director of Public Works, Norris Rawles explained that due to inclement weather the contractor on the Oak- wood Drive Slide Repair requested an extension of time for completion of the project. RESOLUTION NO. 3971 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. (to and including the 4th day of January, 1971) Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RESURFACING OF VARIOUS STREETS PROJECT NO. 9311-70.131 - File 4-1-173 Director of Public Works, Norris Rawles explained that due to inclement weather the contractor on the Resurfacing of Various Streets requested an extension of time for completion of the project. RESOLUTION NO. 3972 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. (to and including the 4th day of January, 1971) Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GRANT OF STORM SEWER EASEMENT - (TERRA LINDA 21-A) - File 2-4 x 5-1-197 Director of Public Works, Norris Rawles presented a grant of five-foot wide drainage easement in Lot 52, "Terra Linda 21-A" subdivision to provide additional maintenance to existing drainage facilities. RESOLUTION NO. 3974 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None � -� X RE: BRET HARTE ROAD AND FORBES AVENUE DRAINAGE CORRECTION, PROJECT NO. 9617 and 9619 - File 4-1-174 Director of Public Works, Norris Rawles explained that due to inclement weather the contractor on the Bret Harte Road and Forbes Avenue Drainage Correction requested an extension of time for the completion of the project. RESOLUTION NO. 3973 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. (to and including the 4th day of January, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT - A & W DRIVE IN - 836 SECOND STREET - File 2-.11 Director of Public Works Norris Rawles presented an application for encroachment 2 feet into Lindaro Street and Second Street right-of-ways in order to construct decorative roof overhand addition to the existing A & W Drive in buildingat 836 Second Street. Motion was made by Councilman Jenseq, seconded by Councilman Barbier, Encroachment Permit No. 204 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LINDEN LANE CULVERT - File 12-9 Public Works Department was authorized to proceed with the project for the replacement of the Linden Lane Culvert which is a budgeted item. RE: PUBLIC EMPLOYEES RETIREMENT SYSTEM - AMENDMENT TO CONTRACT - File 7-1-20 City Manager, James McCown presented his recommendation on upgrading the employees' retirement plan. He stated that the actuarial valuation on upgrading the present retirement plan had been received and re- viewed with representatives of all recognized employee associations. He also presented a summary of the City's cost for the various plans offered by public employees retirement system; together with a com- parative analysis of employee benefits under various retirement plans and his recommendation was as follows: ''That the City adopt the 1/60th at age 60 formula for miscellaneous employees, the 1/2 at age 55 for safety employees, and add the 1/2 continuance for both miscellaneous and safety employees plus the 1959 Survivors Benefit for both employee groups. In addition recalculation would be included for retired members. He also presented the request of City Clerk, Marion Grady that the Council consider amending the PERS contract to include that her prior service with the City of San Rafael could be credited toward retirement on the same basis as afforded employees when the plan was instituted in 1957. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to accept the City Manager's recom- mendations and also to amend the PERS contract to include prior service benefit. RE: PERSONNEL RECLASSIFICATION AND WAGE ADJUSTMENT - File 7-3 City Manager, James McCown reported on the agreement that had been reached with association representatives and department heads whose employees would be affected in the review of certain position reclassifications and wage adjustment. His recommendations were reviewed by the Council who felt that certain adjustments should not be made at this time but when budget hearings are held. The City Manager was requested to make further studies and the matter was continued. RE: AMENDMENT TO BUSINESS LICENSE ORDINANCE - File 9-10 City Manager, James McCown reported that minor adjustments to be made in the business license ordinance would be presented to the Council in a memorandum for their study. The matter was continued. RE: CLAIM FOR PERSONAL INJURIES - MICHAEL GIAllON AND MADELENE GIAllON - File 3-1 Claim of Michael Giazzon and Madelene Giazzon for personal injuries was presented. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that the claim be denied and re- ferred to the City's insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PERSONAL INJURIES AND PROPERTY DAMAGE - MARIAN C. TADLOCK - File 3-1 Councilman Barbier was excused from the meeting due to a conflict of interest. Claim of Marian C. Tadlock for personal injuries and property damage was presented. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that the claim be denied and re- ferred to the City's insurance carrier. Ayes: Councilmen: Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier Councilman Barbier returned to the meeting. RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to place Denis Selle, Supervisor of Centralized Purchasing & General Services on the regular payroll effective December 1, 1970, Range 14a, Step B, $850.00 per month. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None 95 RE: JOINT POWERS AGREEMENT -COUNTY OF MARIN - HALL OF JUSTICE/CIVIC CENTER SECURITY - File 4-13-26 An agreement to provide peace officers employed by the City, if available, for the purpose of providing building security for the Civic Center was presented. RESOLUTION NO. 3975 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPOINTMENT OF LAWRENCE E. MULRYAN TO CITY COUNCIL - File 9-1 Mayor Bettini announced that the Council had reached an agreement on the appointment of a City Council- man from the many fine candidates who submitted applications. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Lawrence E. Mulryan be appointed to fill the unexpired term of Fred C. Robbins, Jr. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERMITS AND LICENSES - File 9-10 Mr. Robert Lowry of the Marin Chapter Order of DeMolay requested that the Council waive the use permit and license fee for their Christmas Tree Lot at the corner of Fourth and Cijos Streets. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the fees be waived. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CORPORATION YARD - File 4-1-157 City Attorney, Fred C. Robbins, Jr. reported on agreement reached with the Contractor on the Corporation Yard project in the matter of items not completed to the satisfaction of the City. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that the job be accepted, City Clerk be authorized to record the notice of completion and that all funds be paid to Mr. Columbini with the exception of $750.00 to be withheld until the roof is fixed satisfactorily. Councilman Jensen and City Manager, James McCown were appointed to meet with the architect to discuss the problems with the building. RE: INCREASE IN LIABILITY INSURANCE - File 9-6 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to increase the City's Liability Insurance from $1,000,000 to $3,000.000. Ayes: Councilmen: Barbier, Jensen, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: POLICE COMMISSION - File 9-2-14 Mayor Bettini suggested that the establishment of a Police Commission be considered prior to the next City election in April when the Chief of Police will no longer be elected. RE: COMMENDATIONS - File 102 Councilman Barbier complimented the store owners on the( Christmas decorations on the downtown stores. RE: APPOINTMENTS - File 111 x 4-13-24 Appointment of representative and alternate to ABAG and to City -County Planning Council was held over. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated December 7th, 1970, and Advice on Payroll dated December 4th, 1970, and now on file in Finance office to which reference is hereby made for further particulars: Claims: General Fund $ 17,561.74 Parks Fund 2,555.60 Library FL;nd 3,960.67 Parking District Fund 550.07 Capital Improvement 95,362.48 Stores Revolving 1,382.98 Equipment Replacement 2,158.10 $12 3�4 Payroll: General Fund $ 114,551.59 Parks Fund 4,695.50 Library Fund 4,816.01 $ 124,063.10 Council adjourned to Monday, December 21st, 1970. MARION A. GRADY, City Clerk Approved this day of { 19 MAYOR OF THE CITY OF SAN RAFAEL 97 In the Council Chambers of the City of San Rafael, Monday, December 21st, 1970 at 8:00 o'clock P.M. Regular Meeting: RE: CITY COUNCIL - File 9-1 Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman City Clerk, Marion A. Grady administered the Oath of Office to Councilman Lawrence E. Mulryan. RE: APPROVAL OF MINUTES Motion was made by Councilman Barbier, seconded by Councilman Jensen, the minutes of the regular and special meeting of December 7th, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: FLAG CONTEST - File 132 Councilman Miskimen reviewed the details of the recent contest for design of a City flag. City Manager, James McCown explained that the winning design had been presented to the State of California Mission Bell historian for an authentic design of the bells and the flag was displayed. Councilman John Miskimen pre- sented a civic award and $50.00 to Barbara Schlesselman for the winning design, a civic award and $25.00 to Denise Urban, a civic award and $10.00 to Sharon Fox. Councilman Jensen provided an additional cash prize to Sharon Fox who is a San Rafael resident. RE: PUBLIC HEARING - APPEAL OF ARCHITECTURAL APPROVAL - APPELLANT, GUNTHER HAGEL, 5 "F" STREET - File 10-7 Mayor Bettini declared the hearing open. Councilman Mulryan was excused from the meeting. Planning Director, Herbert G. Hotchner briefed the Council on the action of the Planning Commission in denying the addition to the commercial building at 5 F Street due to the industrial use in a C-2 commercial district where the neighborhood is predominately residential. Mr. John Buresh spoke on behalf of the appellant Gunther Hagel indicating that this would be a warehouse for storage only and with larger storage quarters deliveries would be made less frequently. He presented signatures of four residents agreeing to permitt- ing this use. Mr. Arthur Keyes, 4 F Street also spoke on behalf of Mr. Hagel's appeal. There being no one further wishing to address the council, Mayor Bettini declared the public hearing closed. Motion was made by Councilman Jensen, that the appeal be sustained and the action of the Planning Commis- sion overruled. There was no second to this motion. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, to deny the appeal and sustain the action of the Planning Commission. Ayes: Councilmen: Barbier, Miskimen and Mayor Bettini Noes: Councilmen: Jensen Absent: Councilmen: Mulryan Councilman Mulryan returned to the meeting. RE: AMENDMENT OF TITLE 14 (ZONING ORDINANCE) CORRECTING REFERENCE TO CODE SECTION 14.74.020 - CHARTER ORDINANCE NO. 996 - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 996 - An ordinance correcting reference to code section, and numbering Charter Ordi- nance No. 996 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to - wit. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPOINTMENT OF REPRESENTATIVE AND ALTERNATE TO A.B.A.G. - File 111 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to appoint Councilman Mulryan as re- presentative to Association of Bay Area Governments. Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, to appoint City Manager, James McCown as the alternate. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPOINTMENT OF TWO MEMBERS TO BOARD OF EXAMINERS AND APPEALS - File 9-2-7 Motion was made by Councilman Barbier, seconded by Councilman Jensen, to remove Frank Knolle from the Board of Examiners and Appeals. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to reappoint 0. E. Dehnert and J. Warren Nute. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Barbier, to appoint Dominic Luzzi, Contractor. 63 Los Ranchitos Road, San Rafael on the Board. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AMENDMENT TO BUSINESS LICENSE ORDINANCE - File 9-10 The matter was continued to January 4th, 1971. RE: GRANDI ANNEXATION - File 5-2-49 City Planning Director Herbert G. Hotchner briefed the Council on the action to date in connection with the Grandi Annexation. By motion regularly moved, seconded and passed, the hearing date was set for January 18th, 1971. RE: REMOVAL OF PARKING AT CERTAIN INTERSECTIONS FOR MARIN COUNTY TRANSIT SYSTEM BUS OPERATIONS - File 11-8 Director of Public Works Norris Rawles reported on the request of the Marin County Transit District to re- move parking at certain intersections for loading and unloading purposes, and recommended that the request be approved. Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, to approve the request as presented but to delay striping and painting of the curbs until a later date. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARKING AND PARKING LIMITS - CITY STREETS - File 11-8 Director of Public Works, Norris Rawles and City Engineer, Ely Caillouette, Jr. recommended removal of certain parking on Third Street. RESOLUTION NO. 3976 - A RESOLUTION DESIGNATING AND DESCRIBING NO PARKING AREA. Third Street - (From Lincoln Avenue to Cijos Street) - North Side of the Street Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 3977 - A RESOLUTION DESIGNATING AND DESCRIBING NO PARKING AREA DURING SPECIFIED HOURS Third Street - (From Lincoln Avenue to Cijos Street) South Side of the Street Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC IMPROVEMENT PLAN FOR CENTRAL BUSINESS DISTRICT - File 11-14 The City Council set February 1st, 1971 as the date for public hearing for consideration of implementation of the recommendations contained in the Faustman report. RE: EAST SAN RAFAEL ASSESSMENT DISTRICT NO. 1 - File 6-22 City Engineer, Ely Caillouette, Jr. gave a general explanation of the work to be done under the proposed assessment district which would include construction of levees along the outer perimeter of the property involved and the formation of a -maintenance district. Herbert G. Hotchner requested the Council to clarify the problem of development of smaller pieces of property on the side of Highway 17. Mr. Edwin N. Ness stated that the matter of conditions under which the levee would be required would be heard at the public hearing of January 18th at which time the Council would decide this matter as a condition of appro- val of the assessment district. Dr. Norman, owner of property on the north side of Highway 17 asked if the City would relinquish without cost to him the drainage easement granted five years ago. The Council agreed that at the proper time this easement could be returned provided that it is fair and equitable to all other property owners. Mr. Ed Dulin from Holiday Magic stated that they also had granted two ease- ments, only one of which will be needed in this project. The following documents were"filed with the City Clerk: Petition to the City Council to undertake proceedings for the improvement and ac- quisitions to be made in East San Rafael Drainage Assessment District No. 1 - City of San Rafael. Boundary Map ''Proposed Boundaries of East San Rafael Drainage Assessment District No. 1 - City of San Rafael, Marin County, California'' Certificate of Carlos E. Gonzalez, Civil Engineer, Inc. certifying that said petition is signed by the owners of more than 60% of the area of the property shown upon that certain map which is on file in the office of the City Clerk of the City of San Rafael and designated Proposed Boundaries of East San Rafael Drainage Assessment District No. 1 - City of San Rafael, Marin County, California. It was regularly moved, seconded and passed, that the following resolutions be adopted: RESOLUTION NO. 3978 - RESOLUTION APPROVING BOUNDARY MAP. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 3979 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PRO- CEEDINGS AND SETTING TIME AND PLACE OF HEARING THEREON, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALI- FORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 3980 - RESOLUTION APPOINTING PROJECT ENGINEER AND AUTHORIZING EXECUTION OFAGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None City Engineer, Ely Caillouette, Jr. was appointed Engineer of Work with Carlos Gonzalez as Project En- gineer. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 3981 - RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREE- MENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC EMPLOYEES RETIREMENT SYSTEM - AMENDMENT TO CONTRACT - File 7-1-20 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to adopt the new retirement plan as presented by City Manager, James McCown. RESOLUTION NO. 3982 - RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN RAFAEL. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: WIDENING OF HIGHWAY 101 BY DIVISION OF HIGHWAYS AS PART OF FREEWAY AGREEMENT - File 4-8-7 Ely Caillouette, Jr. presented Highway 101 widening plans from the State Division of Highways and made an explanation of the work involved which was originally shown in the Freei.fay Agreement and informed the Council that Utility Relocation plans have been requested. The Council approved preparing and fowarding the plans to the Division of Highways. RE: CLAIM FRdrPROPERTY DAMAGE - EDWIN T. CALDWELL - File 3-1 Claim of Edwin T. Caldwell,72 De La Guerra, San Rafael for water damage was presented. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the claim be denied and re- ferred to the City's insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PROPERTY DAMAGE - JOHN C. AND MARGARET M. PAINTER - File 3-1 Claim of John C. & Margaret M. Painter, 349 Forbes Avenue, San Rafael for sewer backup was presented. Motion was made by Councilman Barbier, seconded by Councilman Jenslen, that the claim be denied and re- ferred to the City's insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR AUTOMOBILE DAMAGE - MERRILL PEACOCK - File 3-1 Claim of Merrill Peacock, 115 Marina Boulevard, San Rafael for automobile damage was presented. Motion was made by Councilman Barbier, seconded by Councilman Jensen, that the claim be denied and re- ferred to the City's insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE; APPOINTMENT OF AUXILIARY POLICE OFFICER - File 9-3-30 Motion was made by Councilman Miskimen, seconded by Councilman Barbier, to appoint Daniel C. Murphy as Auxiliary Police Officer. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CERTIFICATION OF ELIGIBILITY LIST FOR FIREMEN - File 7-4 Motion was made by Councilman Mulryan, seconded by Councilman Jensen, the eligibility list for Fire De- partment be certified. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to place the following personnel on the regular monthly payroll: (a) James R. Coffey, Fireman, commencing January 4, 1971, monthly salary $794.00, Range 14, Step A. (b) Ralph A. Ginocchio, Fireman, commencing January 4, 1971, monthly salary $794.00, Range 14, Step A. (c) Brent Marshall„ Fireman, commencing January 4, 1971, monthly salary $794.00, Range 14, Step A. (d) Don R. Thompson, Fireman, commencing January 4, 1971, monthly salary $794.00, Range 14, Step A. (e) John S. Williams, Fireman, commencing January 4, 1971, monthly salary $794.00, Range 14, Step A. (f) Terry Butler, Fireman, commencing January 4, 1971, monthly salary $794.00, Range 14, Step A. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Barbier, request for additional personnel in accordance with the Finance Director's request of December 3, 1970 be approved. Establish a new salary range for the position of Clerk, $424 - 445 - 465 - 486 - 508, and authorize employment of the following personnel, commencing December 1, 1970. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to place the following personnel on the regular payroll: (a) Gena Bridge, Clerk, Step B - $445.00 per month commencing December 1, 1970. (b) Jovanina Harrison, Clerk, Step D, $486.00 per month commencing December 1, 1970. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BLACK CANYON PROPERTY - File 2-1-39 Motion was made by Councilman Jensen, seconded by Councilman Barbier, City Manager, James McCown be authorized to pay the $167,000.00 final mortgage payment on the Black Canyon Property when the Director of Public Works, City Engineer and City Attorney submit their reports. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CITY OF SAN RAFAEL CHARTER - File Councilman Miskimen reported that the District Court of Appeals has ruled Sacramento's Charter residency requirement is unconstitutional and asked City Attorney, Fred Robbins, Jr. to look into the matter of re- sidency requirement in the City of San Rafael Charter. RE: HUNTING WITHIN CITY LIMITS - File 13-8 Councilman Miskimen reported that duck hunters are cruising bay waters near the shores of San Rafael and asked the Chief of Police to enforce the ordinance against hunting within the City limits. RE: OVERTIME SALARY - (POLICE DEPARTMENT) - File 7-3 x 134 Motion was made by Councilman Jens en, seconded by Councilman Barbier, to pay the Captains and Lieutenants at straight time for the extra hours put in during and because of recent riots in connection with the Independent -Journal strike. 10 11 Councilman Jensen suggested that where it is practical, one half of the employees be given time off on the afternoon of Christmas Eve and one half of the employees be given time off on the afternoon of New Years Eve. RE: LITCHFIELD BUILDING - FRANCISCO BOULEVARD - File 10-5 Councilman Barbier reported that he and the Chief of Police had been present at Pepperland during the Joan Baez appearance and that several thousand persons were in attendance. Regarding the status of use permit for the building, no reply has been received from Mr. Litchfield and the staff was requested to contact him and ask him to make application immediately for a use permit. All claims approved by the Finance Committee were pr.:sented and warrants ordered drawn for same as appears from the Advice on Warrants dated December 21st, 1970, and Advice on Payroll dated December 18th, 1970, and now on filein Finance office to which reference is hereby made for further particulars: Claims: General Fund Parks Fund Library Fund Employee Retirement Fund Parking District Fund Capital Improvement Stores Revolving Equipment Replacement Revolving Trust and Agency Payroll: Council adjourned. General Fund Parks Fund Library Fund $ 35,511.41 553.64 5,160.00 25,962.87 13,157.74 27,134.84 644.92 3,866.23 50.00 $ 112T3 $ 142,883.71 4,695.50 5,091.47 $ 152, 70.68 MARION A. GRADY, City Clerk Approved this -_day of 19 7� e-wl�;i"c MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, January 4th, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the minutes of the regular meeting of December 21st, 1970, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - APPEAL OF PERMIT FOR HOR$E AT 112 BLOSSOM DRIVE - File 10-10 Mayor Bettini declared the hearing open. Planning Director, Herbert Hotchner reported that he had denied permission for keeping a horse at 112 Blossom Drive on the basis that "there are reasonable grounds to believe that some of the conditions listed in Section 14.73.090 of the San Rafael Municipal Code will exist". Mr. John Alioto appealed this action to the Planning Commission and they sustained the appeal and approved the permit for a nine month period. Mr. and Mrs. Roy Wernstrum, and Mr. and Mrs. W. B. Shawler have appealed to the City Council to deny the approval. Mr. Wernstrum, 128 DuBois Street, Mr. W. B. Shawler, 122 DuBois Street, Mr. Herny Rosso, 121 DuBois Street addressed the Council opposing the keep- ing of a horse at this location. Mr. Kenneth Harris, 124 Blossom Court, Mrs. Hampton, 152 DuBois Street, Mr. Bouscal, 89 Rose Lane, Mrs. Serpa, 104 Blossom Court, Mr. Guiseppe Pata, 116 DuBois Street and Mr. Ed Reed spoke on behalf of Mr. Alioto's application. Planning Director said that criteria for denial of an application are so broad that they might apply to most any application and so vague that they encourage appeals. He expressed the hope that the Council would lay down some guidelines on what it felt was un- reasonable circumstances in which to keep horses and amend the ordinance to more clearly convey such an interpretation. Mayor Bettini declared the hearing closed. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to sustain the appeal and deny the permit. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - AMENDING TITLE 14 OF SAN RAFAEL MUNICIPAL CODE (ZONING) TO PERMIT THE RENUMBERING OF CHAPTER 14.72, GENERAL PROVISIONS AND EXCEPTIONS: TO ADD A NEW CHAPTER 14.72 MOBILE HOME PARK OR M -H -P DISTRICT - File 10-3 City Planning Director Herbert G. Hotchner reported to the Council that the Planning Department staff and the Planning Commission had worked closely with all interested parties in San Rafael and the Planning Commission had held public hearings in connection with a zoning change to permit mobile home parks. Mr. Hto-6chner stated the new district classification would be similar to a planned unit development district ;in that no areas of the city would be prezoned for mobile homes. Request for mobile home park zoning would be heard individually with public hearings. Councilmen discussed with the City Planner the standards and regulations contained in the proposed ordinance. Carlos Gonzalez informed the Council that in his opinion there were excellent standards in the ordinance. Mayor Bettini declared the haring closed. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to amend the zoning ordinance as presented. An ordinance of the City of San Rafael amending Title 10 of the San Rafael Municipal Code, "Business, Pro- fessions, Industries and Trades", by repealing Chapter 10.56 thereof, "Trailers and Trailer Camps" and amending Title 14 "Zoning" by renumbering Chapter 14.72 "General Provisions and Exceptions" to Chapter 14.75 and by amending Chapter 14.75 "General Provisions and Exceptions" by the addition to Section 14.75.020 "Uses" of new subsections (h) and (i) and by addition to Chapter 14.08 "definitions" by addi- tional definitions thereto of Sections 14.08.140 M and 14.08.210T and by adding a new Chapter 14.72 en- titled "Mobile Home Parks", and numbering Charter Ordinance No. 997 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EXCLUSION OF SMITH BROTHERS RANCH FROM AGRICULTURAL PRESERVE - File 10-2 Mayor Bettini declared the hearing open. City Planning Director Herbert G. Hotchner explained that the applicant for the exclusion of an area from the agricultural preserve had contacted his office indicat- ing he may wish a certain portion of the land to remain in the agricultural preserve. The hearing was continued for two weeks. RE: ABANDONMENT OF 20 FOOT PUBLIC UTILITIES EASEMENT - SOUTHERLY END OF THE NORTHGATE SHOPPING CENTER - File 2-12 Mayor Bettini declared the hearing open. Director of Public Works Norris M. Rawles reported to the Coun- cil that approval had been received from the three utility companies interested in the abandonment of an existing 20 feet public utilities easement in the southerly end of Northgate Shopping Center. There be- ing no one else wishing to address the Council in this matter, the hearing was closed. RESOLUTION NO. 3983 - RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AMENDMENT TO CITY BUSINESS LICENSE ORDINANCE - File 9-10 City Manager, James McCown presented his recommendations for certain amendments to the Business License Ordinance. Certain changes were made in the category that particular businesses were listed in and cer- tain fees which were too high have been reduced. He also recommended that the Business License Adminis- trator be empowered to adjust the fees in certain cases with Council approva. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to accept the amendments as pre- sented by the City Manager, and an ordinance be passed to print to amend the Business License Ordinance. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: STANDARD SPECIFICATIONS STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, JANUARY 1971 - File 5-1 Director of Public Works, Norris Rawles requested that the City Council adopt the January 1971 State of California, Department of Public Works, Standard Specifications to be used in City projects where appli- cable. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to adopt the said specifications. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CITY PROJECTS - ALBERT PARK LIGHTING - INSTALLATION OF TRAFFIC SIGNALS AT FOURTH AND "H" STREETS AND RESURFACING OF VARIOUS STREETS - File 4-1-167 x 4-1-162 x 4-1-173 Director of Public Works Norris Rawles reported that these projects were not completed within the speci- fied contract time due to inclement weather and asked for extension of time to February 1st, 1971. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, that the contract time be extended. RESOLUTION NO. 3984 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT - Albert Park Lighting Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 3985 -RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT - Installation of Traffic Signals at Fourth & H Streets Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 3986 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT - Resurfacing of Various Streets Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FLASHING LIGHT SIGNAL AT PEDESRIAN CROSSING ADJACENT TO PALOMA AVENUE CROSSING NO. 5-17.4 - File 4-5-12 x 9-11-5 Director of Public Works, Norris Rawles requested the adoption of a resolution authorizing the submission of the request to the Public Utilities Commission for one-half of the city's share of the cost of installa- tion of flashing light signal at the pedestrian crossing adjacent to Paloma Avenue Crossing No. 5-17.4. RESOLUTION NO. 3987 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SUB- MISSION OF THE REQUEST TO THE PUBLIC UTILITIES COMMISSION FOR FUNDS TO ASSIST THE CITY IN PAYING ITS SHARE OF THE COST FOR THE AUTOMATIC GRADE CROSSING PRO- TECTION AT PALOMA AVENUE AND NORTHWESTERN PACIFIC RAILROAD CROSSING NO. 5-17.4. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RELINQUISHMENT OF HIGHWAY RIGHT-OF-WAY ROAD 04 -MRN -101-10.6 (FRANCISCO BOULEVARD CUL-DE-SAC) - File 11-16 x 12-7 Director of Public Works, Norris Rawles reported that the State of California has relinquished to the City of San Rafael the cul-de-sac on Francisco Boulevard between Harbor Street and Irwin Street. An ordinance is being prepared to transfer the title in this property to the San Rafael Sanitation District for use as a pump station site. Mayor Bettini suggested that the City Manager write to the State to thank them for their prompt action in relinquishing this property. RE: GRANDI ANNEXATION - File 5-2-49 City Council set February 16th, 1971 at 8:00 o'clock P.M. as date and time for the public hearing in connection with the Grandi Annexation. RESOLUTION NO. 3988 - RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF SAN RAFAEL OF UN- INHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "GRANDI ANNEXATION", AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTEST THERETO. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN PEDRO SCHOOL ANNEXATION - File 5-2-51 City Council set February 16th, 1971 at 8:00 o'clock P.M. as date and time for the public hearing in connection with the San Pedro School Annexation. RESOLUTION NO. 3989 - 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 PROTEST THERETO. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Jensen, to place Frank C. Rausch, Jr., on regular monthly payroll as Maintenance Man 1, commencing December 28th, 1970 at the monthly salary of $634.00, Range 9, Step A. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to place James Zell on regular monthly payroll as Fireman, commencing January 4th, 1971 at the monthly salary of $794.00, Range 14-A. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC EMPLOYEES' RETIREMENT SYSTEM - File 7-1-20 An ordinance of the City Council of the City of San Rafael authorizing an amendment to the contract bet- ween the City Council and the Board of Administration of the California Public Employees' Retirement System, and numbering Charter Ordinance No. 998 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PLANNING COMMISSION - File 9-2-6 The appointment to the Planning Commission to fill the vacancy of Lawrence E. Mulryan was held over for two weeks. RE: ECONOMIC OPPORTUNITY COUNCIL - File 13-1 The Council held over the matter of appointment of a representative to the E.O.C. RE: SIGNS - File 125 Councilman Mulryan suggested that the Planning Director investigate the dilapidated and broken down signs placed by contractors at various housing developments on Lucas Valley Road and have them removed. RE: BICYCLE REGISTRATION - File 9-10 Councilman Mulryan suggested a registration of bicycles in the City of San Rafael. Chief of Police Joseph Brusatori stated that Peter Pan Chapter of Children's Home Society registers bicycles for the en- tire county and the City of San Rafael cooperates with this group. RE: CITY OF SAN RAFAEL CHARTER - File 1-1 City Attorney, Fred Robbins, Jr. reported that he had studied the decision in the City of Sacramento's charter residency requirement for elective office. He stated that the three year residency requirement of the San Rafael City Charter was legal until ruled unconstitutional in a court decision. Mayor Bettini suggested that a charter change in this matter may be in order and asked the Council to consider this and other changes to be placed on the ballot at the April 20th election. RE: CONTRACTS AND AGREEMENTS FOR EMPLOYEE BENEFITS - File 7-1 The request of the San Rafael Fireman's Association that the increase in medical insurance fees be paid by the City of San Rafel is under consideration. RE: LITCHFIELD BUILDING - FRANCISCO BOULEVARD - File 10-5 Councilman Barbier stated that Pepperland has been repainted in accordance with City of San Rafael sLandards and expressed appreciation to the owners for their cooperation. Also, they have made applica- tion for a use permit. RE: STREET LIGHTING - File 11-4 Director of Public Works Norris Rawles reported that a letter from County Department of Public Works and the Pacific Gas and Electric Company regarding lighting on Civic Center Drive had been received too late for the agenda. The cost of the installation would be $3,836.61 plus the energy cost. Mr. Rawles was instructed to inform them that no funds are available at this time for this project. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated January 4th, 1971, and Advice on Payroll dated January 5th, 1971, and now on file in Finance office to which reference is hereby made for further particulars: Claims: General Fund Parks Fund Library Fund Parking District Fund Capital Improvemnt Stores Revolving Equipment Replacement Revolving General Fund Parks Fund Library Fund Council adjourned to Monday, January 18th, 1971. $ 12,025.15 484.86 2,330.60 775.93 9,246.57 193.35 639.24 $ 25,9-9-5.70 $109,892.22 4,695.50 4,656.37 $119,224.09 MARION A. GRADY, City Clerk Approved this IS ""day of � �jIact/t'. 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, January 18th, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the minutes of the regular meeting of January 4th, 1971, a true and correct copy having been heretofore submitted to each member, were ap- proved. RE: PUBLIC HEARING - EXCLUSION OF SMITH BROTHERS RANCH FROM AGRICULTURAL PRESERVE - File 10-2 This is a continuation of the hearing of January 4th. Planning Director, Herbert G. Hotchner reported that a letter had been received from the owners of the Smith Brothers Ranch requesting the hearing be continued to February 16, 1971. The Council agreed to the continuance as requested. RE: AMENDING TITLE 14 OF SAN RAFAEL MUNICIPAL CODE (ZONING) TO PERMIT THE RENUMBERING OF CHAPTER 14.72, GENERAL PROVISIONS AND EXCEPTIONS: TO ADD A NEW CHAPTER 14.72 MOBILE HOME PARK OR M -H -P DISTRICT - CO #997 - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 997 - An ordinance of the City of San Rafael amending Title 10 of the San Rafael Municipal Code, ''Business, Professions, Industries and Trades'', by repealing Chapter 10.56 thereof, ''Trailers and Trailer Camps'' and amending Title 14 ''Zoning'' by renumbering Chapter 14.72 ''General Pro- visions and Exceptions'' to Chapter 14.75 and by amending Chapter 14.75 ''General Provisions and Exceptions'' by the addition to Section 14.75.020 ''Uses'' of new Subsections (h) and (1) and by addition to Chapter 14.08 ''Definitions'' by additional definitions thereto of Sections 14.08.140 M and 14.08. 210T and by add- ing a new Chapter 14.72 entitled ''Mobile Home Parks'', and numbering Charter Ordinance Noo. 997 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC EMPLOYEES' RETIREMENT SYSTEM - CO #998 - Final Adoption - File 7-1-20 CHARTER ORDINANCE NO. 998 - An ordinance of the City Council of the City of San Rafael authorizing an amendment to the contract between the City Council and the Board of Administration of the California Public Employees' Retirement System, and numbering Charter Ordinance No. 998 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ORDINANCE AMENDING TITLE 10 - BUSINESS, PROFESSIONS, OCCUPATIONS, INDUSTRIES AND TRADES - CO #999 Final Adoption - File 9-10 Councilman Miskimen questioned several provisions of the amendment to the City Business License Ordinance with particular reference to administration of the three basic business license categories. He also ex- pressed his feeling that the rate for parking lots was high for a business that we should try to encour- age in this City. CHARTER ORDINANCE NO. 999 - An ordinance of the City of San Rafael amending Title 10, Business, Professions Occupations, Industries and Trades, by deleting certain businesses and changing certain categoires, and numbering Charter Ordinance No. 999 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: Miskimen Absent: Councilmen: None RE: FEDERAL FLOOD INSURANCE AT SUBSIDEIZED RATES - File 12-9 Director of Public Works, Norris Rawles informed the City Council that the Department of Housing and Ur- ban Development has authorized the sale of Federal Flood insurance at subsidized rates for the City of San Rafael on an emergency basis effective December 31, 1970. RE: STREET LIGHTING - CIVIC CENTER DRIVE - File 11-4 Director of Public Works, Norris Rawles informed the Council that the County of Marin would pay the in- stallation cost of $3,836.61 to install 8 Electroliers at Civic Center Drive and has requested the City of San Rafael to pay the annual energy costs of $1,044.00. Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, to approve the request of the County as presented by the Department of Public Works. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: Jensen Absent: Councilmen: None RE: EAST FRANCISCO BOULEVARD CUL-DE-SAC - File 11-16 x 12-7 Director of Public Works, Norris Rawles reported that the ordinance providing for the conveyance of the 101 East Francisco Boulevard Cul-de-sac property to the San Rafael Sanitation District has been prepared by the City Attorney. An ordinance of the City of San Rafael providing for the conveyance of public property to the San Rafael Sanitation District, and numbering Charter Ordinance No. 1000 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: STOP SIGN - WOODLAND AVENUE AND EVA STREET - REMOVAL OF PARKING - MISSION AVENUE "B" STREET TO "H" STREET AND REMOVAL OF PARKING, LINCOLN AVENUE, SECOND STREET TO THIRD STREET - File 11-9 x 11-8 x 11-14 Director of Public Works, Norris Rawles presented a resolution to install stop signs on Woodland Avenue at Eva Street in both directions. This has been recommended by the Traffic Committee. RESOLUTION NO. 3990 - A RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Resolution for the removal of parking on Mission Avenue from "B" Street to "H" Street and restriping of Mission Avenue as recommended by the Traffic Committee was discussed. The Council expressed concern for the loss of parking spaces. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to refer the matter back to the Traffic Committee. Ayes: Councilmen: Barbier and Jensen Noes: Councilmen: Miskimen, Mulryan and Mayor Bettini Absent: Councilmen: None Motion was made by Councilman Barbier to adopt the plan with parking to be removed from "E" Street to "G" Street. This motion died for lack of a second. Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, to approve the Traffic Committee recommendation to remove parking from "B" Street to "H" Street on Mission Avenue. RESOLUTION NO. 3991 - A RESOLUTION DESIGNATING AND DESCRIBING NO PARKING AREA. Ayes: Councilmen: Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: Barbier and Jensen Absent: Councilmen: None Motion was made by Councilman Barbier, seconded by Councilman Jensen, to refer the recommendation for re- moval of parking on Lincoln Avenue between Second Street and Third Street back to the Traffic Committee. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The Council requested the Traffic Committee to review the tow away zone on North Side of Third Street be- tween Tamalpais Avenue and Cijos Street. RE: TREE PLANTING AGREEMENT - TERRA LINDA UNIT 21 - File 5-1-192 An agreement for planting street trees in Terra Linda Unit 21 was presented, together with a Surety Bond in the amount of $200.00. RESOLUTION NO. 3992 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TERRA LINDA UNIT 21A - File 5-1-197 An agreement for planting street trees in Terra Linda Unit 21A was presented, together with a Surety Bond in the sum of $1500.00. RESOLUTION NO. 3993 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None An agreement for Maintenance of certain landscaping improvements in Terra Linda Unit 21A, together with Surety Bond in the amount of $5,000.00 was presented. RESOLUTION NO. 3994 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPLICATION FOR ENCROACHMENT PERMIT - GLENN R. DOTY - File 2-11 Director of Public Works, Norris Rawles reported that Mr. Glenn R. Doty requested an encroachment permit at the end of Esmeyer Drive for access to his property which is located in the County. Public Works Department recommends that if the Council grants this easement it be temporary and revocable at any time by the City. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to grant the encroachment permit and temporarily remove the one -foot non -access strip upon presentation by Mr. Doty's attorney to the City Attorney of agreement satisfactory to the Public Works Department. Ayes: Councilmen: Barbier,Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SALARIES OF ELECTED OFFICIALS - File 7-3-2 An ordinance fixing compensation of elected officers was presented. City Manager, James McCown requested that this matter be held over until a study of job classifications can be made. The matter was continued to a Special Meeting on Monday, February 1st, 1971 at 7:00 o'clock P.M. RE: GENERAL MUNICIPAL ELECTION - APRIL 20TH, 1971 - File 9-4 City Clerk, Marion Grady presented a calendar for certain actions required by the State Elections Code, and informed the Council that Thursday, January 21st is the first day for fling nomination papers for candidacy for municipal office. The City Clerk and the City Attorney recommended that any proposals for ballot measures be submitted at the meeting of February 1st in order to allow time for putting them in final form for approval at the meeting of February 16th. The Council agreed that the City election should be consolidated with school district elections to be held on the same day and to request the County Board of Supervisors to permit the County Clerk to conduct the election. RESOLUTION NO. 3995 - RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN TO PERMIT THE COUNTY CLERK OF THE COUNTY OF MARIN TO RENDER SPECIFIED SERVICES RELATING TO THE CONDUCT OF AN ELECTION AND CANVASS OF RETURNS - GENERAL MUNICIPAL ELECTION. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AMENDMENTS, ADDITIONS AND DELETIONS TO SIGN ORDINANCE - File 9-8 February 16th, 1971 was set as the date for public hearing on the amendments to the sign ordinance. RE: CLAIM FOR PERSONAL INJURIES - MRS. ANNA KLUCKE - File 3-1 Claim for personal injuries from Mrs Anna Klucke was presented. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to deny the claim and refer it to the insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Noen RE: REQUEST FOR LEAVE OF ABSENCE - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to grant leave of absence without pay to March 1, 1971 for medical reason for C. Austin Hoth, Fireman. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Barbier, to grant leave of absence without pay to April 20, 1971 for medical reason for Peter Zunino, Gardener. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EMPLOYEE HEALTH INSURANCE PROGRAM - File 7-1-15 x 7-1-16 x 7-1-18 Administrative Assistant, Virginia Congdon informed the Council that the City has been notified of a rate increase effective January lst, 1971 by Kaiser Health Plan, Blue Cross Health Plan and North American Life and Casualty Company. After discussion, it was moved by Councilman Jensen, seconded by Councilman Barbier, to contribute an additonal $2.99 for each employee's health insurance coverage as of January 1st, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None 109 The City has also received notice from North Americ n Life and Casualty Companr of an i.ncreas,e in the rates for disability insurance. The rate has been b3� per $100.00 monthly salary for each employee with the City paying the first $2.00 of this rate. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to increase the City's contribution on the employees disability insurance coverage from $2.00 to $3.00 per month. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilkmen: None RE: PLANNING COMMISSION - File 9-2-6 Mayor Bettini reported that a large number of applications had been received and requested that the ap- pointment be held over for two weeks. RE: INSURANCE - File 9-6 City Manager, James H. McCown reported the premiums for the City's Comprehensive Business Policy have been increased approximately 8.7%. This increase is due in part to the $2,000.00 deductible on the property liability. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the necessary funds to pay the additional premium be appropriated from the reserve funds. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Barbier, seconded by Councilman Miskimen, that a budget transfer be made to set up a $5,000.00 reserve account in order to pay claims under the $2,000.00 deductible on the prop- erty liability insurance. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL GENERAL PLAN - File 115 Planning Director, Herbert Hotchner announced February 2nd is the date the Housing Element for the San Rafael General Plan will be considered by the San Rafael Planning Commission. RE: COMMENDATIONS - File 102 Police Chief, Joseph J. Brusatori requested the Council to give recognition to San Rafael Police Officer Gerald Green who was named ''Big Brothers of the Year'' and to John Wayne Gasser for his assistance in apprehending the subjects involved in the armed robbery of a local businessman. Motion was made by Councilman Mulryan, seconded by Councilman Jensen, to present a Civic Award to Gerald Green. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Barbier, to present a Civic Award to John Wayne Gasser. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PROCLAMATION - File 110 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that Mayor Bettini declare the week of January 18th to 24th as Junior Chamber of Commerce Week. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL LIBRARY BOARD - File 9-2-3 The San Rafael Library Board has asked the City Council to meet with them and their consultant on February 17th at 7:30. RE: SAN QUENTIN PRISON - File 120 Councilman Barbier suggested that the pros and cons of recommending the removal of San Quentin Prison from this area be considered. RE: PERSONNEL - RECLASSISICATION - File 7-3 Mayor Bettini requested that the reclassification of certain positions be put on the agenda for the next Council meeting. RE: PUBLIC HEARING - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - File 6-22 Mayor Bettini declared the hearing open at 8:40 P.M. City Engineer, Ely Caillouette, Jr. presented the proposal made by the property owners within the boundary of the proposed Assessment District in their petition. The City Engineer, made the following recommendation to the City Council for conditions of approval for this Assessment District: ''The matter to form the Drainage Assessment District provides for the construction of levees along the outer Bay perimeter of the properties involved to standards of the City of San Rafael. However, such construction is to take place only upon the occurrence of one of the following conditions: a) The failure of the present owners to keep the levees in proper repair and/or b) The request for development of the properties protected by the levee. A recent detailed inspection of the existing dike shows that some sections have been eroded badly due to inadequate or improperly placed rip -rap which has allowed exposure to Bay wave action. This could result in these sections being eroded extensively causing a break or failure o- the existing dike which would allow the area north of the highway to be inundated by high tides. In light of these conditions, I would recommend the Council take the following action relative to the formation of this Assessment Dis- trict: 1) Approve the Resolution of Intention for the construction of improvements and acquisitions to be made in the East San Rafael Assessment District No. 1. 2) Approve the employment of a Soils Engineering Firm to make necessary soils studies of the Assessment District area and make design recommendations for the construction of a permanent levee to City Standards. The expense of this work is to be borne by the Assessment District. 3) Require the owners of the land which the existing dike is located to make necessary interium repairs to the existing dike so that it is safe from failure until the time the permanent levee is constructed or until such construction is rendered unnecessary due to the proper fill- ing of the land. 4) Require the preparation of construction plans and specifications for two contracts, (1) for the construction of assessment district improvements and (2) for the construction of the per- manent levee to an acceptable standard. 5) Call for bids for both projects at the same time and if the existing dike has not been re- paired to a condition which is satisfactory to the City, then award a contract for the con- struction of the permanent levee. 6) If the existing dike has been repaired to a satisfactory condition allow the existing dike to be used as long as it is kept in good repair. 7) After necessary repairs to the existing dike have been completed to the satisfaction of the City, a license to enter and inspect at any time be granted to the City by the owners so that necessary inspections can be made to determine that the levee is being kept in proper repair. 8) If at any time in the future it is determined that the existing dike is not being kept in property repair and the public facilities are in jeopardy, then require that the bonds for the permanent levee be sold and it be constructed immediately. 9) Regarding requests to develop in the area, any map filed for subdivision of land or an re- quest for approval of development plans on any parcel of land north of Highway 17 and within. the boundary of the Assessment District being formed shall be subject to the following: a) Land shall be fii"ed to a minimum of Elevation 9 (Mean Sea Level Datum) after settlement. b) Dedication of right-of-way for public streets and easements, as shown on the General Plan adopted by the City Council in 1966, or any revision thereto later adopted. c) An Agreement between the City and developer shall be entered into whereby the developer agrees to consruct necessary public improvements. The developer shall post a Performance Bond with the City to guarantee that said improvements will be constructed at any time called for by the City.'' Mr. Edwin N. Ness from Sturgis, Den-Dulk, Douglas and Anderson addressed the Council. Other persons addressing the council in this matter were Mr. Ed Dulin of Holiday Magic, Bruce Bernhardt San Quentin Disposal Site, Mr. Carlos Gonzalez, Mr. Bruce Wolf representing Nature Conservancy, Mr. Dick Duncan, Quail Hill, Mr. Glen Wentz. No one spoke to protest the assessment district and no written protests have been received. Mayor Bettini declared the hearing closed. Bounary Map of Levee Maintenance Dis- trict East San Rafael Drainage Assessment District No. 1 was filed. It was regularly moved, seconded and passed, that the following resolutions be adopted. RESOLUTION NO. 3996 - RESOLUTION OVERRULING PROTESTS AS TO THE PUBLIC CONVENIENCE AND NECESSITY OF THE IMPROVEMENTS AND ACQUISITIONS IN THE EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Ili RESOLUTION NO. 3997 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS TO BE MADE IN EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 3998 - IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS TO BE MADE IN THE EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT N 0. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 3999 - RESOLUTION APPROIVNG MAINTENANCE DISTRICT BOUNDARY MAP. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the Engineer of Work be authorized to employ soils engineer and appraiser. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to approve the recommendations of the City Engineer, who is Engineer of work, for conditions of approval of this Assessment District as outlined above. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated January 18th, 1971, and Advice on Payroll dated January 20th,1971 and now on file in Finance office to which reference is hereby made for further particulars: Claims: General Fund Parks Fund Library Fund Parking District Fund Capital Improvement Stores Revolving Equipment Replacement Revolving Pay ro 11 : Council adjourned. General Fund Parks Fund Library Fund $ 40,962.77 330.22 4,070.29 146.95 5,593.26 1,276.28 7,398.91 $ 59,778.68 107,935.78 4,695.50 4,853.61 $117,484.89 MARION A. GRADY, City Clerk Approved this /ST day of e4_11 9 7/ . MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, February 1st, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of the regular meeting of January 18th, 1971, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - TRAFFIC IMPROVEMENT PLAN FOR CENTRAL BUSINESS DISTRICT - FAUSTMAN REPORT - File 11-14 Mayor Bettini declared the hearing open. Director of Public Works Norris Rawles requested that the hear- ing be continued for ninety days until May 3rd, 1971 for further staff study. Public hearing was con- tinued to that date. RE: EAST FRANCISCO BOULEVARD CUL-DE-SAC - C.O. #1000 - Final Adoption - File 11-16 x 12-7 CHARTER ORDINANCE NO. 1000 - Ordinance of the City of San Rafael providing for the conveyance of public property to the San Rafael Sanitation District, and numbering Charter Ordinance No. 1000 was passed and and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes:, Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT - GLASS & SASH, INC. - 753 SECOND STREET - File 2-11 Director of Public Works, Norris Rawles presented the request of Glass & Sash, Inc. for an Encroachment Permit to install a wooden directional sign in traffic island at the south side of Second Street at the old Francisco Blvd. intersection. The Planning Commission has approved this action. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, Encroachment Permit No. 205 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT - MR. PETER HAYWOOD - 208 BRET HARTE ROAD - File 2-11 Public Works Director, Norris Rawles presented the request of Mr. Peter Haywood for Encroachment Permit to construct a driveway ramp connection to public roadway for proposed construction of a new home at 208 Bret Harte Road. This does not require Planning Commission action. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, Encroachment Permit No. 206 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TAXICAB AND AUTOMOBILE FOR HIRE - File 9-9 City Manager, James McCown presented the application of C. T. Cohen for permission to operate vehicle for hire known as "Teds Marin Airport Service". To comply with the San Rafael Municipal Code, the City Coun- cil must find by resolution that public convenience requires the licensing of the vehicle, however, the Police Department has not completed investigation of the application. The matter was continued to February 16th, 1971 RE: MOBILE HOME PARKS - BUILDING DEPARTMENT INSPECTION - File 9-3-32 Chief Building Inspector, Jack Coates reported that the Health & Safety Code of the State of California regulates mobile home parks but the City may assume the responsibility for the enforcement of certain parts of the Health & Safety Code relating to mobile homes and mobile home parks. He recommended the adoption of a resolution assuming responsibility for the enforcement and designating the Building Depart- ment of the City of San Rafael charged with the responsibility of enforcing the provisions of the Health & Safety Code relating to mobile homes and mobile home parks. RESOLUTION NO. 4000 - RESOLUTION ASSUMING RESPONSIBILITY FOR ENFORCEMENT OF DIVISION 13,2.1 AND RELATED ADMINISTRATIVE REGULATIONS OF THE HEALTH & SAFETY CODE OF THE STATE OF CALIFORNIA BY THE CITY OF SAN RAFAEL. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Ab sent: Councilmen: None RE: SALARIES - ELECTED OFFICIALS - File 7 -3 -1 - City Manager, James McCown presented recommendations for the salaries to be fixed for City Attorney, City Clerk -Assessor, and City Treasurer -Tax Collector. After discussion, it was moved by Councilman Jensen,. that the City Attorney's salary be set at $1100.00 per month with a $75.00 per month increase each year. Motion died for lack of a second. li 3 Motion was made by Councilman Barbier, seconded by Councilman Mulryan, City Attorney's salary be set at $1000.00 per month with a $75.00 per month increase each year. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Barbier, the salary of the City Treasurer - Tax Collector be set at $1,050.00 pur month for the four-year term. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the salary of the City Clerk - Assessor be set at $1,050.00 per month for the four-year term. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None An ordinance of the City of San Rafael fixing compensation of elected officers, and numbering Charter Ordinance No. 1001 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SALARY REGULATIONS AND RESOLUTIONS - File 7-3-1 City Manager, James McCown recommended reclassifying certain employees positions and salaries. After lengthy discussion, it was regularly moved, seconded to reclassify the following employees: (a) Howard Chuche, Assistant Park Supervisor, Range 14, Step C, $870.00 per month effective February 1st, 1971• Secretary Range 8,Step C (b) Regina Buchanan,$663.00 per month effective February 1st, 1971. (c) Clifford Den -Otter, Associate Civil Engineer, Range 21, Step D, $1271.00 per month effective February 1st, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the salary of A. J. Snyder, Jr. Director of Parks and Recreation be increased/$1,425.00 per month retro -active to January 1st, 1971. to Ayes: Counci.l.men: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4001 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 3926 PROVIDING FOR CERTAIN OFFICERS, ASSISTANTS, DEPUTIES, CLERKS AND EMPLOYEES OF THE CITY OF SAN RAFAEL AND FIXING THE COMPENSATION AND WORKING CONDITIONS THEREOF. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The City Council also discussed amendment to the clerical section of the salary resolution and after dis- cussion it was decided that more study should be given to this matter. Mr. Larry Biancalana suggested that clerical salaries be reviewed by a group composed of various citizens from utilities companies, the County of Marin and the Chamber of Commerce. Mr. McCown was requested to contact Mr. Elliott of the County of Marin and report back at the next meeting. RE: CONDOMINIUM - FINAL MAP RESUB OF LOT EAST SAN RAFAEL - File 5-1-151 Planning Director Herbert Hot chner reported that a request had been received for a reversion to acreage of Lots 7, 8, 14, and 15, East San Rafael Parcels "D" to "H" inclusive, and asked the City Council to set a date for public hearing. The matter was set for public hearing on February 16th, 1971. RE: CLAIM FOR PROPERTY DAMAGE - ALBERT B. JESTADT - File 3-1 Claim of Albert B. Jestadt for damages caused by silver spray paint drifting onto his automobile at the 5th and C Street parking lot was received. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to pay the claim at a cost not to exceed $50.00. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Ab sent: Councilmen: None' RE: CLAIM FOR PROPERTY DAMAGE - SAMUEL SALCIDO - File 3-1 A claim was received from Samuel Salcido for damages to his Volkeswagon Bus at "E" Street January 15th, 1971 when a fire truck entered the intersection and he pulled his vehicle sharply to the right causing it to flip over on its side. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to deny the calim and refer it to the insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPOINTMENT TO PLANNING COMMISSION - File 9-2-6 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to appoint Albert Boro to the Plann- ing Commission to fill the unexpired term of Lawrence E. Mulryan. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: ENCROACHMENT ON CITY STREETS - UPPER OAK DRIVE - File 2-11 Councilman Mulryan said that he had been asked by residents on Upper Oak Drive for permission to install a basketball hoop at the dead-end of this street. City Attorney, Fred C. Robbins, Jr. advised against giving permission as the City would then be placed in a position of being liable in the event of incidents arising out of this use of City Street. RE: CHARTER REVISION - File 1-1 City Attorney, Fred C. Robbins, Jr. was requested to prepare a resolution proposing the following amend- ments to the City Charter. Reduce the residency requirement for elective office from 3 years to 1 year and permit person living in newly annexed areas to be eligible if they lived within the area for a year. Delete the $1,000.00 ceiling on City Advertising and promotion. Make the City Attorney an appointive rather than an elective office. Mayor Bettini asked the City Attorney to see if a police commission must be established by charter amend- ment or if it can be by ordinance. RE: GENERAL MUNICIPAL ELECTION - APRIL 20, 1971 - File 9-4 Resolutions from various school boards requesting the City Council of San Rafael to consolidate the Dixie School District Governing Board Member Election, the Marin County Board of Education Election, the Marin Junior College District Governing Board Member Election and the Marin Junior College District School Bond Election with the San Rafael City Election called for the same day were presented by the City Attorney. Motion was made by Councilman Barbier, seconded by Councilman Jensen, the following resolutions be adopt- ed. RESOLUTION NO. 4002 - RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL ORDERING CONSOLIDATION OF THE DIXIE SCHOOL DISTRICT GOVERNING BOARD MEMBER ELECTION, MARIN JUNIOR COLLEGE DISTRICT GOVERNING BOARD MEMBER ELECTION, AND THE MARIN COUNTY BOARD OF EDUCA- TION, TRUSTEE AREA NO. 2 GOVERNING BOARD MEMBER ELECTION WITH THE SAN RAFAEL CITY ELECTION TO BE HELD ON APRIL 20, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4003 - RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL APPROVING CONSOLIDATION OF THE MARIN JUNIOR COLLEGE DISTRICT BOND ELECTION WITH THE SAN RAFAEL CITY ELECTION TO BE HELD ON APRIL 20, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: TRAFFIC SIGNALS - File 11-8 x 11-10 The 'No Parking' between 4:00 and 6:00 P.M. on Lincoln Avenue was referred to the Traffic Committee to determine if it is still required. Director of Public Works, Norris Rawles stated that he would also review the street pattern and signals at the Hetherton Street intersection. Director of Public Works, Norris Rawles will investigate the situation where school children are having to walk �n the street on Main Street. RE: SAN RAFAEL GENERAL PLAN - HOUSING ELEMENT - File 115 Planning Director Herbert Hotchner reported that the Planning Commission would hold a meeting on February 2nd concerning the housing element of the general plan. RE: SAN RAFAEL LIBRARY - File 9-3-61 Communication was received concerning the lack of restrooms facilities in the Public Library. City Manager, James McCown was directed to answer the letter and suggest to the Librarian that present faci- lities be made available to the public in an emergency. RE: HOUSING AND URBAN DEVELOPMENT - APPLICATION FOR FUNDS - File 12-6 City Manager, James McCown reported that he has an appointment next week to discuss the request for federal funds for the Sanitary Sewer Construction work. RE: LEGAL ACTION AGAINST SAN FRANCISCO TYPOGRAPHICAL UNION #21 AND TEAMSTERS LOCAL #70 OF OAKLAND AND #85 OF SAN FRANCISCO - File 3-2 City Attorney, Fred C. Robbins, Jr. was authorized to associate with William B. Irvin, a specialist in National Labor Relations Board action, to recover losses incurred by the City in the amount of $1380.00 because of the boycott of local markets in connection with the strike against the Independent Journal. RE: POLICE DEPARTMENT - File 9-3-14 -t q- 3-3 0 Chief of Police Joseph Brusatori requested Council endorsement of a request for Federal aid for purchase of a Camera/Recorder, the City's portion being $731.66. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, to send a letter indicating Coun- cil endorsement and the $731.66 be authorized from the Police Department budget. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated February 1st, 1971, and Advice on Payroll dated February 5th, 1971 and now on fil in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT FUND PARKING DISTRICT FUND CAPITAL IMPROVEMENT STORES REVOLVING FUND EQUIPMENT REPLACEMENT REVOLVING Payroll: 9ENERAL FUND PARKS FUND LIBRARY FUND Council adjourned to Tuesday, February 16th, 1971. $ 53,214.62 464.18 1 ,970.25 29,174.43 739.18 17,797.23 683.08 6,235.65 $ 110,27977-2 113,716.78 4,480.88 4,928.76 $ 123,126.42 MARION A. GRADY, City Clerk Approved this /674day of �Py, 1 9_71 MAYOR OF THE CITY OF SAY RAFAEL In the Council Chambers of the City of San Rafael, Tuesday, February 16th, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of the regular meeting of February 1st, 1971, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - 721 FRANCISCO BOULEVARD - PEPPERLAND UP 71-4 AND VP 71-1 - File 10-5 x 10-4 Mayor Bettini declared the hearing open. Mr. William H. Stephens of the firm of Bagley, Bianchi and Sheeks representing "Pepperland" appeared and requested the continuance of this matter as Mr. Sheeks was not able to be present and he was not prepared to proceed with the appeal which was to be heard. The hearing was continued to March 1st, 1971 at 8:00 o'clock p.m. RE: PUBLIC HEARING - CONDOMINIUM - FINAL MAP RESUB OF EAST SAN RAFAEL - File 5-1-151 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner reported that the three parties involved had contacted him just before five o'clock to ask that the matter be held over as there is a release of mutural easements on both properties involved. The hearing was continued to March lst, 1971 at 8:00 o'clock p.m. RE: GRANDI ANNEXATION - File 5-2-49 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner reviewed the actions taken to -date in hearing this matter and referring it to the Local Agency Formation Commission for modi- fication to delete to small parcels not in the Grandi ownership. The Local Formation Commission returned the matter to the City Council telling them to act on the annexation as originally presented. City Clerk, Marion Grady reported that the necessary resolution had been published and notification had been given to the property owners. There being no one present wishing to object to the annexation and not written pro- tests having been received, the Mayor declared the haring closed. RESOLUTION NO. 4005 - RESOLUTION FINDING AND DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE AGAINST THE "GRANDI ANNEXATION AND APPROVING SUCH ANNEXATION AND ELECTING TO PROCEED THEREWITH. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN PEDRO SCHOOL ANNEXATION - File 5-2-51 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner advised the Council that this piece of property was the San Pedro School and the portion of San Pedro Road in front of the school which belongs to the County of Marin. The necessary publications had been made. There being no one pre- sent wishing to protest the annexation and no written protests having been received, the Mayor declared the hearing closed. RESOLUTION NO. 4006 - RESOLUTION FINDING AND DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE AGAINST THE "SAN PEDRO SCHOOL ANNEXATION" AND APPROVING SUCH ANNEXATION AND ELECTING TO PROCEED THEREWITH. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - EXCLUSION OF SMITH BROTHERS RANCH FROM AGRICULTURAL PRESERVE - File 10-2 Mayor Bettini announced that this was a continued hearing from meeting of January 18th, 1971. Planning Director, Herbert G. Hotchner stated that he had been contacted by the applicants and that they wish to proceed with the exclusion of their property from the agricultural preserve. This property has never been placed under a preserve contract by the property owners. Mr. Hotchner further informed the Council that the agricultural use of this property is not consistent with the City's general plan. Mayor de- clared the haring closed. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to adopt a resolution diminishing the size of the agricultural preserve. RESOLUTION NO. 4008 - RESOLUTION DIMINISHING SIZE OF AGRICULTURAL PRESERVE. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REQUEST FOR COUNCIL ASSISTANCE - File 120 Mr. William Cannon, 912 Fifth Avenue asked the Council to assist him in connection with an eviction notice in the abatement of a building in which he resides. The Council took no action, informing Mr. Cannon that this was a matter between himself and the landlord. 117 RE: SALARIES ELECTED OFFICIALS - File 7-3 CHARTER ORDINANCE NO. 1001 - An ordinance of the City of San Rafael fixing compensation of elected officers and numbering Charter Ordinance No. 1001 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TAXICAB AND AUTOMOBILES FOR HIRE - File 9=9 Mr. C. T. Cohen, applicant for permission to operate a limousine service between San Rafael and the San Francisco and Oakland Airports addressed the Council and stated that his intent was not to operate a taxi service in San Rafael but by reservation only to the airport. Mr. Robert C. Jennings, President of San Rafael Taxicabs, Inc. stated that his firm is now providing this service in addition to providing re- gular taxi service for the people of San Rafael. The Council discussed the matter concluding that the service being provided is good and that there have been no complaints about the service. Motion was made by Councilman Barbier, seconded by Councilman Jensen, to deny the certificate of con- venience and necessity. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GENERAL MUNICIPAL ELECTION - APRIL 20, 1971 - File 9-4 X q--3 City Clerk, Marion Grady presented a Notice of Election as follows: NOTICE OF ELECTION NOTICE IS HEREBY GIVEN that a General Municipal Election will be held in the City of San Rafael, Cali- fornia, on Tuesday, the 20th day of April, 1971, for the following officers: A Mayor for the full term of four years. Two (2) Councilmen for the full ter'of four years. A City Clerk and Assessor for the full term of four years. A City Treasurer and Tax Collector for the full term of four years. A City Attorney for the full term of four years. NOTICE IS HEREBY FURTHER GIVEN that a General Election will be held in the San Rafael School District and the San Rafael High School District, both in the County of Marin, State of California, on Tuesday, the 20th day of April, 1971 for the following officers: Three (3) members of the Board of Education for the full term of four years each. The polls will be open between the hours of 7:00 o'clock a.m. and 8:00 o'clock p.m. DATED: February 16, 1971 /S/ Marion A. Grady MARION A. GRADY Motion was made by Councilman Jensen, seconded by Councilman Barbier, to approve the Notice of Election and publish it as required. Vote: all ayes. The Council discussed a charter change to make the office of City Attorney appointive rather than elective. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that a proposition to make the City Attorney appointive rather than elective be placed on the April 20th, 1971 ballot. Vote: all ayes The Council discussed a charter change reducing the residency requirement for holding elective office from three years to one year. Motion was made by Councilman Mulryan, seconded by Councilman Jensen, to place a proposition on the April 20th, 1971 ballot reducing the residency requirement from three years to one year. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The Council discussed the question of eligibility for persons residing in newly annexed territory to hold an elective office. Motion was made by Councilman Mulryan, seconded by Councilman Jensen, to place a proposition on the April 20th, 1971 ballot providing that a person residing in newly annexed territory who would have been eligible to hold an elective office had the annexed territory previously been within the City limits shall be eligible to hold elective office the same as they would have pursuant to Section 8 of Article VI of the Charter of the City of San Rafael. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The Council discussed the matter of amending the charter by deleting the section which limits the ex- penditure of money to the sum of $1,000.00 for advertising purposes. Motion was made by Councilman Barbier, seconded by Councilman Jensen, that Section 13 of Article VIII be deleted from the San Rafael Charter. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4004 - RESOLUTION PROPOSING AMENDMENT TO THE CHARTER OF THE CITY OF SAN RAFAEL AND SUB- MITTING THE SAME TO THE ELECTORS OF SAID CITY AND ORDERING THE PUBLICATION THERE- OF. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None City Attorney, Fred Robbins, Jr. reported that he had looked into the matter of forming a police commis- sion and it can be done by ordinance. The City Manager, City Attorney, Chief of Police and Councilman Harry Barbier were appointed a committee to study the matter and recommend a suitable ordinance. RE: PARKING AND PARKING LIMITS - CITY STREETS - File 11-8 Director of Public Works, Norris Rawles presented the Traffic Committee's recommendation for a two hour limited parking to be installed on Las Gallinas Avenue from Del Presidio Boulevard to Wells Fargo Bank, North side of the street only from 9:00 a.m. to 6:00 p.m. every day except Sundays and Legal Holidays. Chief of Police, Joseph Brusatori reported that the police department was not in favor of this as there is an enforcement problem. RESOLUTION NO. 4007 - RESOLUTION DESIGNATING AND DESCRIBING TWO (2) HOUR LIMIT PARKING AREAS. - Las Gallinas Avenue - (From Del Presidio Blvd. to the westerly driveway cut of the Wells Fargo Bank, North side of the street) Ayes: Councilmen: Barbier, Jensen, Mulryan, and Mayor Bettini Noes: Councilmen: Miskimen Absent: Councilmen: None RE: ENCROACHMENT PERMIT - ITALO TAMBUSSI, 1311 LAS RAPOSAS ROAD - File 2-11 Director of Public Works, Norris Rawles presented a request of Mr. Tambussi, 1311 Las Raposas Road to allow an existing 6 foot high wooden fence to encroach 3'6" into Las Raposas Avenue to the back of the existing sidewalk. This has had prior Planning Commission approval subject to certain conditions. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, Encroachment Permit No. 207 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FEDERAL SANITARY SEWER GRANT, WS -CALIFORNIA -58 - BASIC WATER & SEWER FACILITIES PROGRAM - File 12-6 x 4-3-44 City Manager, James McCown reported that bids had been received from three bond consultants in connection with sale of the $1,105,000.00 sewer improvement bonds. He recommended the firm of Wainright and Ramsey. Motion was made by Councilman Barbier, seconded by Councilman Jensen, to adopt a resolution naming Wain - right & Ramsey as Bond Consultants. 4009 RESOLUTION NO.RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Wainright and Ramsey) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to place Barbara S. Butler on re- gular monthly payroll as Library Assistant 1, commencing March 1, 1971 at the monthly salary of $580.00, Range 6, Step B. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ASSOCIATION OF BAY AREA GOVERNMENTS - File 111 Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, that Councilman Fred Jensen be appointed alternate member to the Association of Bay Area Governments. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None 1i 9 RFe ENCROACHMENT PERMIT - TELE VUE SYSTEMS, INC. - Flle 2-11 x 9-7-4 x 130 Director of Public Works Norris Rawles reported on a request of Tele Vue Systems, Inc. to cross San Rafael Canal in the Goose Neck Bend area. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, Encroachment Permit No. 211 ge granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CONGRESSMAN MAILLIARD - File 108 Representative William S. Mailliard, Republican Sixth District was introduced by Mayor Bettini. He spoke briefly to the Council offering the assistance in his office. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated February 16th, 1971, and Advice on Payroll dated February 19th, 1971, and now on file in Finance office to which reference is hereby made for further particulars: Claims: General Fund Parks Fund Library Fund Parking District Capital Improvement Stores Revolving Equipment & Replacement Trust & Agency Payroll: Council adjourned. General Fund Parks Fund Library Fund $ 30,842.24 759.27 1,197.74 125.00 9,440.09 106.12 4,538.06 26.15 $ 47,034.67 108,447.52 4,614.50 4,878.41 $ 117,940.43 c - MARION A. GRADY, City Clerk Approved this /ST day of,, l c% 19 21 . MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, March lst, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of the regular meeting of February 16th, 1971, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - 721 FRANCISCO BOULEVARD - PEPPERLAND UP71-4 and VP71-1 - File 10-5 x 10-4 The hearing was continued from the February 16th, 1971 meeting. Planning Director Herbert G. Hotchner reported on the action at the Planning Commission hearing and the conditions attached to the use permit. Mayor Bettini asked those who were appealing the granting of the use permit to address the Council. Mr. W. C. Garvie, 60 Bay Street spoke, objecting to his parking lot being used by Pepperland clients. Mr. Charles Bellach, President of Bellach's Furniture at 777 Francisco Boulevard requested City Clerk to read the letter which he had addressed to the Council concerning the problems which he has had in his parking lot on nights when Pepperland is operating. Attorney John Colteaux representing Leonard Proper- ties stated his belief that this is an inappropriate use for this property in this area and that the use has been and is detrimental to the neighborhood. Mr. Daryl Bellach stated that out of County cars make up the majority of towed away vehicles. He also claims that a Fire Engine would be unable to get to the hydrant in the event of an emergency as it is blocked by parked vehicles. Mr. Andre Bertauch also spoke against the use permit being granted. Attorney, Joseph E. Sheeks representing Ben Blatt, the operator of Pepperland, addressed the Council, stating that all requirements imposed by the City for this operation have been met and that no more inconvenience or traffic problems are caused by this than at any other function in this City such as the Shakespearean Festival, Renaissance Fair or lage funerals. Richard Raznikov, 241 Union Street urged the Council to support the interest of all of the people in San Rafael including the young people and to allow Pepperland to continue for one year. Mr. Reb Blake spoke of the history of dances in Marin County with the attendant problems and stated that there are approximately 30 local bands with from four to ten members working in this City. He urged the Council to work with the operators of Pepperland to solve the problems which exist and to permit the operation to continue. Others addressing the Council in favor of Pepperland were Mr. Steve Weinberg, Mr. Harry Lehman III, Irving Litch- field. Mayor Bettini declared the hearing closed. Chief of Police Joseph Brusatori was asked to report on the increase in incidents since Pepperland opened. He stated that there had been a 64% increase in incidents in the area of Pepperland and most of these were thefts from parked cars. The Council questioned Mr. Bart Stinson, San Rafael Police Department and Narcotics Agent Inspector Alfred Teixera concerning the use of marijuana. Building Inspector Jack Coates informed the Council that 3,000 person using the building was permitted under the building code with the additional exits which were to be provided. Motion was made by Councilman Barbier, seconded by Councilman Jensen, to sustain the appeal and deny the use permit. Mayor Bettini asked if in voting against this motion the action of the Planning Commission could be sus- tained with additional conditions attached to the use permit. City Attorney, Fred Robbins stated that this could be done. Ayes: Councilmen: Barbier and Jensen Noes: Councilmen: Miskimen, Mulryan and Mayor Bettini Absent: Councilmen: None The motion failed. A discussion ensued concerning the means of attaching additional conditions to the use permit, Mayor Bettini stating that if the use permit can not be amended he would change his vote on the previous motion. The Mayor asked Mr. Sheeks if he would agree to waive procedural motions and agree to additional conditions to the use permit. After a lengthy discussion it was moved by Councilman Mul- ryan, seconded by Councilman Miskimen, that procedural motions having been waived by Mr. Sheeks and Mr. Blatt, to deny the appeal, sustain the action of the Planning Commission and impose the following addi- tional conditions to the use permit. 1. That smoking will not be permitted in the main ballroom but restricted to the small room in the back (furthest from the bandstand). 2. That a uniformed guard be provided in the parking lot at Bellach's furniture and a chain across the lot in the back of Mr. Garvie's property and if this fails, a uniformed guard be provided for Garvie's. 3. That all four sides of the block in which Pepperland is located be policed by Pepperland for litter immediately after every event. Ayes: Councilmen: Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: Barbier and Jensen Absent: Councilmen: None RE: PUBLIC HEARING - CONDOMINIUM - FINAL MAP RESUB OF EAST SAN RAFAEL - File 5-1-151 The hearing was continued to March 15th, 1971 at 8:00 o'clock P.M. RE: PUBLIC HEARING - SIGN ORDINANCE - AMENDMENTS, ADDITIONS AND DELETIONS TO SAN RAFAEL MUNICIPAL CODE - File 9-8 Mayor Bettini declared the hearing open. The matter was continued to March 15th, 1971 at 8:00 o'clock P. M. RE: PUBLIC HEARING - APPEAL USE PERMIT 71-10, ELEMENTARY SCHOOL, 15 ROSS VALLEY DRIVE - File 10-5 Mayor Bettini declared the hearing open. Planning Director Herbert G. Hotchner summarized the action of the Planning Commission in granting the use permit for an elementary school on the premises of the San Rafael Methodist Church at 15 Ross Valley Drive. Mr. Jack Tilkus, 40 Ross Valley Drive spoke in opposi- tion to the commercial use of this property. Mr. Walter E. Warenski, 18 Ross Valley Drive spoke concern- ing the noise and the parking problems which would be caused due to the use of the present parking area as a playground. Mr. Sidney Wilson representing the Independent Learning School said that there would be grades from Kindergarter through six and approximately 80 or 90 children. The school will probably double in attendance and within the next year a new location will be needed. Mr. Thomas Justice, Director of the school read a letter from Rev. William K. Harman one of the pastors of Faith Lutheran Church, stating that there are no noise or traffic problems at the present location of the school. Others speaking on behalf of the school were Mr. Edward Tourico, Mr. and Mrs.Robert Del Santo. Proponents of the school stated that they were willing to stipulate to any condition for the safety of the children and would do all that they could to cooperate with the neighbors. The hearing was closed. Councilman Jensen expressed his belief that since the people of the neighborhood object to the school in this neighborhood he would abide by their wishes. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to sustain the appeal and deny the use permit. Ayes: Councilmen: Barbier, Jensen, and Mayor Bettini Noes: Councilmen: Miskimen and Mulryan Absent: Councilmen: None RE: AMENDMENT TO TITLE 12 CHANGING LIMITS OF FIRE ZONE NO. 1 - File 10-9 Chief Building Inspector Jack Coates presented an ordinance amending Chapter 12.04 of the San Rafael Muni- cipal Code changing the limits on Fire Zone 1. He discussed with the Council the effects of Fire Zone 1 on the rebuilding of structures and also spoke of the direction of future development of San Rafael. Mr. Rolfe Croker and Mr. Ron Glander addressed the Council with particular reference to a building which they propose to rebuild on "D" Street. The matter was continued to the meeting of April 5th, 1971. RE: VEHICLE FOR HIRE - MICHAEL A. ARMISTEAD - LIMOUSINES d'ELEGANCE - File 9-9 City Manager, James McCown reported that an application to operate a limousine service in San Rafael had been received from Michael Armistead and that this would be a different operation than a taxicab. The attorney for the applicant, Mr. Colin Claxon, stated that two vehicles would be used, a 1963 Rolls Royce, four door sedan and 1968 Lincoln Continental, four door sedan, that the service would be by appointment with a fully liveried chauffeur on a twenty-four hour per day seven day a week basis. Attorney, Bryan McCarthy representing San Rafael Taxicabs, Inc. spoke concerning the basics of the ordinance which have been ignored, in that the applicant has not provided financial statements and that the Council could not determine that this service was a matter of public convenience. The Council indicated that it felt this was an entirely different service than a taxi and that they would be favorable to the license being issued provided an agreement is drawn up restricting the operation to limousine service subject to the rates to be filed with the City of San Rafael, a financial statement to be filed and a certificate of insurance and that all the requirements of the ordinance relating to vehicles for hire be agreed to. The matter was continued to March 15th, 1971. Councilman Barbier was excused from the meeting. RE: ADOPTION OF 1970 EDITION, UNIFORM BUILDING CODE - File 9-8 x 1-6-1 Chief Building Inspector Jack Coates presented an ordinance to adopt the 1970 Edition of the Uniform Build- ing Code. The ordinance was read by title only. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, Charter Ordinance No. 1002 be passed to print and a public hearing be set for April 5th, 1971. An ordinance of the City of San Rafael adopting by reference the Uniform Building Code, Volume 1, 1970 Edition including the appendix thereof, and the secondary code, Uniform Building Code Standards, 1970 Edition with certain amendments thereto, and numbering Charter Ordinance No. 1002 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: STATUS REPORT C.A.T.V. (TELE-VUE SYSTEMS) - File 2-11 x 9-7-4 x 130 Mr. John F. Gorsich, California Regional Manager of Tele-Vue Systems, Inc. presented a status report for C.A.T.V. construction within th eCity of San Rafael. Since the last report Phases II and IV have been completed and the only problems remain in Phase III in the Canal area. Approval from the State Lands Com- mission and Corps of Engineers is expected within the next fourteen days at which time construction will begin and will be completed approximately two weeks from that time. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to grant an extension of ninety days from February 14th, 1971 for completion of this project. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: GRAND] ANNEXATION - File 5-2-49 An ordinance of the City of San Rafael approving the annexation to said City of certain uninhabited terri- tory to be known as "Grandi Annexation, and numbering Charter Ordinance No. 1004 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: SAN PEDRO SCHOOL ANNEXATION - File 5-2-51 An ordinance of the City of San Rafael approving the annexation to said City of certain uninhabited terri- tory to be known as "San Pedro School Annexation", and numbering Charter Ordinance No. 1003 was read, in- troduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: ENCROACHMENT PERMIT - ALDO NICOLAI - 411 -4th STREET - File 2-11 Director of Public Works Norris Rawles presented a request for encroachment into right-of-way with a decorative roof overhang, masonry planters, and brick entrance walkway for proposed remodeling to two existing buildings at 411 4th Street. Motion was made by Councilman Mulryan, seconded by Councilman Jensen, Encroachment Permit No. 210 be granted for decorative roof overhang, masonry planters and that brick entrance walkway be denied. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: ENCROACHMENT PER111T - JOHNNY RIBEIRO, BUILDERS, INC. - 40 "D" STREET - File 2-11 Director of Public Works Norris Rawles presented an application for encroachment into the right-of-way driveway ramp connection for proposed home construction at 40 "D" Street. Planning Director Herbert G. Hotchner reported that a variance has been granted for the garage setback. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, Encroachment Permit No. 212 be granted. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: FIRE COMMISSION - File 9-2-5 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to appoint Mr. Harry Williams to the San Rafael Fire Commission for a term of four years to March 1st, 1975• Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: BOARD OF REVIEW - File 9-2-12 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that Richard F. W. Sadler be ap- pointed to the Board of Review for a six year term to replace Mr. L. C. Brooks who indicated that he did not wish to continue to serve. It was requested that a letter be written to Mr. Brooks to thank him for his sery ice to the City. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: TOPICS - File 11-1 x 11-10 Director of Public Works Norris Rawles reported on the project to upgrade traffic signals in the central business district and the Terra Linda area and presented a resolution requesting the allocation of $75,067. for fiscal years 1969-70 and 1970-71. RESOLUTION NO. 4010 - RESOLUTION REQUESTING ALLOCATION OF TOPICS FUND FROM THE CALIFORNIA HIGHWAY COM- MISSION FOR A TRAFFIC SIGNAL INTERCONNECT SYSTEM IN THE CENTRAL B USINESS DISTRICT AND IN TERRA LINDA IN THE CITY OF SAN RAFAEL. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier 123 RE: MAR+N COUNTY HOUSING SURVEY - File 4-13-24 City Manager, James McCown reported that the County Planning Department had requested our aid in a County- wide survey to be made on the condition of Housing. The training program and supervising of activities will be done under the California Department of Housing and Community Development. This involves an ex- penditure of about $600.00 or $700.00 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to hire a temporary employee for a period of 4 to 6 weeks. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: Barbier RE: CLAt,M FOR PROPERTY DAMAGE - DORA LEE SIMEONE - File 3-1 Claim was presented from Dora Lee Simeone, 22 Delores Street regarding a sewer problem caused by damage from tree roots. Public Works Director Norris Rawles reported that the tree in question was too small and too far away from the sewer to cause any root damage. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to deny the claim. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: Barbier RE: CLAIM FOR PROPERTY DAMAGE - GENERAL TRANSPORT EQUIPMENT COMPANY - File 3-1 A claim from General Transport Equipment Company/Consolidated Leasing Corporation of America in the amount of $2,863.41 for damage to 1968 one axle Fruehauf Van Trailer caused by a tree on the west side of Lincoln Avenue was presented. Director of Public Works Norris Rawles reported that it appears the subject truck was traveling south on Lincoln Avenue between Laurel Place and Mission Avenue and travelled too close to the curb in the right turn lane and struck a limb. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, the claim be denied and referred to the City's insurance carrier. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: Barbier RE: LEAGUE OF WOMEN VOTERS CANDIDATES NIGHT - File 9-4 The Council agreed to permit the League of Women Voters to use the Council Chambers on April 14th for a candidates night in connection with the General Municipal Election on April 20, 1971. RE: HOLIDAYS - AS APPLICABLE TO TRAFFIC REGULATIONS-- File 11-8 x 11-18 City Attorney, Fred Robbins, Jr. presented an ordinance amending the holidays listed in the San Rafael Municipal Code traffic regulations. An ordinance of the City of San Rafael amending Section 5.04.020 of the Municipal Code of the City of San Rafael, and numbering Charter Ordinance No. 1005 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:councilmen: Barbier RE: DISASTER PLAN - File 13-11 Motion was made by Councilman JensF-n, seconded by Councilman Miskimen, to participate in the County disaster plan with Members of the Board of Supervisors and Mayors of various cities to meet as an interim committee in the event of a disaster. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: Barbier All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated March 1st, 1971, and Advice on Payroll dated March 5th, 1971, and now on file in Finance office to which reference is hereby made for further particulars: Claims: General Fund $ 17,285.42 Parks Fund 266.30 Library Fund 3,979.87 Employee Retirement 27,070.27 Parking District Fund 764.96 Capital Improvement Fund 1,585.50 Stores Revolving 1,083.98 Equipment Replacement Revolving 960.99 Trust and Agency 500.00 $ 53, 97.29 Payroll: General Fund Parks Fund Library Fund Council adjourned to Monday, March 15th, 1971. $ 111,717.17 4,709.42 4,878.41 $ 121,305.00 MARION A. GRADY, City Clerk Approved th i s /,S­//�—day of A-19 7/ zI- MAYOR OF THE CIT -Y OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, March 15th, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barb ier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman 1Z3 Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of the regular meeting of March 1st, 1971, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - CONDOMINIUM - FINAL MAP RESUB OF EAST SAN RAFAEL - File 5-1-151 Hearing continued from meeting of February 16, 1971. Mr. Richard Goff, representing Villa Marin, owner of the land fronting on Novato Street asked for a continuance for one more meeting until the matter of ease- ments can be resolved. Mayor Bettini declared the hearing closed. Motion was made by Councilman Mulryan, seconded by Councilman Barbier, that the meeting be continued to April 5th, 1971. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - SIGN ORDINANCE - AMENDMENTS, ADDITIONS AND DELETIONS TO SAN RAFAEL MUNICIPAL CODE - File 9-8 Hearing continued from meeting of March 1st, 1971. Planning Director, Herbert G. Hotchner presented a clarification of wording in the sign ordinance unanimously recommended by the Planning Commission and re- viewed the details for the Council and the public attending this hearing. He spoke of the various meet- ings with realtors, oil companies, sign manufacturers service stations and stated that 150 copies of the sign ordinance had been mailed to interested parties. The proposed ordinance has been gone over in sub- stantial detail with the City Attorney. The Council questioned Mr. Hotchner as to details of the ordi- nance with particular reference to the price signs for service stations. Mr. Jack Reed, President of Southwest Yacht Supplies, Inc., 145 Third Street addressed the Council stating that in his opinion it was unfair to measure both sides of the projecting sign when a sign is not seen from both sides at the same time. In his business location a projecting sign would be necessary in order that it be seen. Mr. Reed was informed that a different type of sign might be permitted and that any decision of the Planning staff could be appealed to the Planning Commission and from there to the City Council. Mr. George Lawrence representing Lachman Bros. stated that his firm would have a nonconforming sign which had been put up at considerable expense and under planning department approval and assumed that if the sign ordi- nance were to be be adopted it would not have a retroactive clause concerning nonconforming use. Council- man Barbier questioned whether or not the ordinance should be passed without removal or correction of existing signs. The Planning Director stated that at the public hearings over the past �bree years it had been agreed that an amortization of nonconforming signs should be required in order to be fair to persons who are required to have signs under the new regulations. Mr. Clark Williams representing the California Electrical Association stated that his association believes that sign ordinances are important but the area in which there will be the greatest problem will be in design review. He would like to see more specifics written into the ordinance as design review can be a matter of opinion and appeal to com- missions can be costly for the consumer. Mr. Margo Margossian, Manager of Sherman and Clay spoke of his sign at Fourth and "C" Street costing between $5,000.00 and $6,000.00 and having been approved by the Planning Commission. He feels that the three year amortization period would be unreasonable. He was in- formed that an extension of time could be granted by the Planning Commission in the event of a substantial economic hardship. Mr. George Dexter of Dexter Toyota and Mr. Leon Felton of Volkswagen, both with ap- proximately $15,000.00 invested in their signs expressed their views that ten years would be necessary to amortize their signs without economic loss. Mr. Harry Hart, Mobil Oil Company asked that the Council reinstate the word "business" in Section 14.12. 050). He also questioned illuminated signs not being permitted at service stations. This was pointed out to be a typing error and the words "directly illuminated" were to be reinserted in the ordinance. Mr. Kent Woodell, Shell Oil Company also requested that the word "business" be a part of service stations signs. Mr. Robert Moore, Executive Secretary of Marin Independent Service Stations Association objected to the word "business" as it would permit a permanent price sign. He feels it is the option of the dealer to post prices and to give stamps or glasses for promotional purpose. Mr. Joseph Garbarino, Chairman of the Planning Commission stated that the biggest item of contention is the time limitation on amortization of signs. He urged the Council to pass the ordinance tonight and if necessary make changes in the amorti- zation period. Councilman Jensen moved to amend the ordinance to permit that all signs presently legal remain. There was not second to this motion. City Attorney, Fred Robbins, Jr. advised the Council that they cannot adopt the ordinance piece meal, they must adopt it entirely or send it back to the Planning Commission with recommendations for changes. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to adopt the sign ordinance as written with the clarifications presented 86d correction of the typing errors and the ordinance numbered Charter Ordinance No. 1007 be passed to print by the following vote, to -wit: Ayes: Councilmen: Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: Barbier and Jensen Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DENIAL TO PERMIT SECOND STRUCTURE - 523 'C' STREET - File 10-5 x 10-7 At the request of John H. Marshall, representative for William and Dona Otey, the appeal has been with- drawn. RE: STOP SIGNS - KNIGHT DRIVE AND CASTLEWOOD DRIVE INTERSECTION - File 11-9 Mr. Alex McMillan, President of Glenwood Homeowner's Association speaking for this association and on be- half of the Parent -Teachers' Association of Glenwood school appealed to the Council to overrule the deci- sion of the Traffic Committee in the matter of a four-way stop sign at the intersection of Knight Drive and Castlewood Drive. He presented a petition with 550 signatures of residents in this area making this request. The Council discussed the matter with Public Works Director Norris Rawles, Chairman of the Traf- fic Committee. Motion was made by Councilman Jensen, seconded by Councilman Barbier to install stop signs on Knight Drive and Castlewood Drive making this intersection a four-way stop. RESOLUTION NO. 4014 - RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SPEEDING - File 11-12 Mr. Bill Trumble teacher at Terra Linda High School called the Council's attention to the speeding by students in the area of Terra Linda High School during the noon hour. The Council instructed the City Manager to consult with the Chief of Police to see that the area is patrolled. RE: VEHICLE FOR HIRE - MICHAEL A ARMISTEAD - LIMOUSINES d'ELEGANCE - File 9-9 This matter was continued from the March 1st meeting. Mr. Colin Claxon, attorney for the applicant for permit to operate a limousine service in San Rafael said that his client was willing to sign the agree- ment prepared by the City Manager with the exception of a rate which had not been discussed at the pre- vious meeting. The airport run would be a minimum of $24.00 for eith(:r the Rolls Royce or the Lincoln Continental. Mr. Bryan McCarthy, attorney for San Rafael Taxicabs, In.c questioned the financial statement submitted by the applicant and the ownership of the two vehicles involved. The applicant offered to submit a registration for the vehicles. Motion was made by Councilman Mulryan, seconded by Councilman Barbier, to grant the application with a variance in the use of an insignia instead of two inch lettering on the vehicles and the agreement being a part of the application and to adopt a resolution finding and declaring public convenience and necessity. RESOLUTION NO. 4011 - A RESOLUTION FINDING AND DECLARING THE PUBLIC CONVENIENCE REQUIRES THE LICENSING OF VEHICLES FOR HIRE, TO -WIT: TWO LIMOUSINES, AND ISSUING A CERTIFICATE OF PUBLIC CONVENIENCE THEREFOR. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ANIMAL CONTROL ORDINANCE - PETITION TO DECIDE WHETHER OR NOT A PUBLIC NUISANCE HAS BEEN ESTABLISHED UNDER PROVISIONS OF SECTION 6.10.180 OF MUNICIPAL CODE - File 13-3 Mr. Terence John O'Reilly, attorney representing Michael Burke, 219 Forbes Avenue, San Rafael presented a petition to the Council asking that they formally decide with reference to a certain animal whether or not a public nuisance has been established under the provisions of Section 6.10.180 of the City code and if such public nuisance is found to exist, to instruct the Marin County Animal Control to take appropriate action to abate said nuisance. He reported to the Council that the daughter of his client had been bitten by a Labrador Retriever owned by Mr. and Mrs. Cranford Newell of 229 Forbes Avenue. Marin County Animal Control had been requested by several residents in the immediate neighborhood to have the dog removed from the neighborhood. Mr. John Gore of the Marin County Humane Society stated that the Newell's had confined the animal to a pen and that he had instructed them to exercise the dog on a leash at all times. In his opinion, the Newell's were complying with this request. City Attorney, Fred Robbins, Jr. reported that he had reviewed the file and discussed the matter with the Marin County Humane Society. It is his belief that the ordinance provides that the Animal Control Officer would determine if the nuisance had been abated, and the Humane Society had by their statements and actions found that the nuisance had been abated. He recommended that as the Humane Society had found that the nuisance was abated, the Council take no action on the petition. Motion was made by Councilman Barbier, seconded by Councilman Jensen, to take the advice of the City At- torney and take no action on/��Tition. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SOUTH SAN PEDRO ROAD - PHASE IV STATUS REPORT FROM COUNTY OF MARIN - File 4-13-14 Director of Public Works Norris Rawles reported on the status report of Donald R. Frost, Director of Pub- lic Works for the County of Marin wherein they request adequate time for right-of-way acquisition, B.C.D. C. approval, formation of an underground utility district, coordination with the Bayside Acres Sewer Assessment District project, and suggesting that Phase IV of the South San Pedro Road project could be advertised at the earliest opportunity in the spring of 1972. The Council expressed complete disappoint- ment with the status report and the progress of the work and asked that Mr. Frost be requested to appear before the Council in April to discuss all related factors. Mr. Alex McMillan, President of Glenwood Homeowner's Association and Mr. Edward W. Snygg Peacock Gap Homeowner's Association also expressed con- cern about the delay in this project. 127 RE: SAN PEDRO SCHOOL ANNEXATION - File 5-2-51 CHARTER ORDINANCE NO. 1003 - Ordinance of the City of San Rafael approving the annexation to said City of certain uninhabited territory to be known as "San Pedro School Annexation", and numbering Charter Ordi- nance No. 1003 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GRANDI ANNEXATION - File 5-2-49 CHARTER ORDINANCE NO. 1004 - Ordinance of the City of San Rafael approving the annexation to said City of certain uninhabited territory to be known as "Grandi Annexation", and numbering Charter Ordinance No. 1004 was passed and adopted as an ordinance of the City of San Rafael:by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: HOLIDAYS AS APPLICABLE TO TRAFFIC REGULATIONS - File 11-8 x 11-18 CHARTER ORDINANCE NO. 1005 - An ordinance of the City of San Rafael amending Section 5.04.020 of the Muni- cipal Code of the City of San Rafael, and numbering Charter Ordinance No. 1005 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BONDS OF ELECTED AND APPOINTED OFFICIALS - File 9-6 Article VI Sec. 5 of the City Charter requires that the City Council shall annually determine the amount of the official bonds. An ordinance of the City of San Rafael fixing the amount of the bonds of elected and appointed officials, and numbering Charter Ordinance No. 1006 was read, introduced and ordered passed to print by the follow- ing vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL CAYES, INC. - EXTENSION OF TIME FOR COMPLETION OF IMPROVEMENT - File 6-19 Director of Public Works Norris Rawles reported that San Rafael Cayes, Inc. had requested a one year ex- tension of time to March 15th, 1972 to the agreement for additional levee improvements in San Rafael Cayes. Contract will ne let this month on the additional improvements with completion to be this summer. RESOLUTION NO. 4012 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: STOP SIGNS - LUCAS PARK DRIVE AT SKYVIEW TERRACE - File ll -9 Director of Public Works Norris Rawles reported that the Traffic Committee had recommended a four-way stop at the intersection of Lucas Park Drive and Skyview Terrace. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to install stop signs on Lucas Val- ley Drive and Skyview Terrace. RESOLUTION NO. 4013 - A RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ASSESSMENT DISTRICT - PROPOSED VILLA REAL UTILITY UNDERGROUND - File 6-23 The Council discussed the proposed assessment district and at the request of the City Attorney indicated that they favor the use of 1915 Act for this assessment district. RE: STORM DRAINAGE EASEMENT - File 2-4 Director of Public Works Norris Rawles requested that the matter of accepting a storm drainage easement from La Terra, Inc., for a storm drainage ditch off Duffy Place be held over two weeks. The Council agreed to this continuance. RE: ENCROACHMENT PERMIT - MR. L. SCOTT HOOPES - File 2-11 Director of Public Works Norris Rawles reported that request for permission to construct two wing walls four (4) feet into right-of-way at 60 Upper Toyon Drive, as part of retaining wall and footing to support driveway ramp connection for proposed residence had the approval of the Public Works Department. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, Encroachment Permit No. 214 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT - ROBERT E. BURTON, 5 GRACELAND DRIVE - File 2-11 Director of Public Works Norris Rawles recommended approval of a request from Mr. Robert E. Burton of 5 Graceland Drive for permission to construct a decorative retaining wall of Sonoma Field stone six (6) inches behind the existing sidewalk from applicant's property. Which does not require Planning Commission approval. Motion was made by Councilman Mulryan, seconded by Councilman Jensen, Encroachment Permit No. 215 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FREEWAYS AND STATE HIGHWAYS - File 11-16 Director of Public Works Norris Rawles reported that the State Division of Highways proposes to relinquish six parcels of land to the City as follows: 1. Cul-de-sac Stevens Place 2. Stevens to Pacheco 3. Palm Avenue 4. Ptn. Belle Avenue 5. Villa Avenue 6. N. San Pedro Road He recommends approval of the relinquishment. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to accept the six parcels from the Division of Highways. Ayes: Counc'lmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PROPERTY DAMAGE - File 3-1 A letter from Gerri Brass, 170 Knight Drive claiming damage to the automobile which she was driving as a result of an accident with a City vehicle was presented. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to reject the claim and refer it to the insurance carrier. Ayes: Councilmen: Barbier, Jeneen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: 'done RE: CONTRACT AND AGREEMENTS - RESTRICTIONS ON REAL PROPERTY - File 4-11-37 City Attorney, Fred Robbins, Jr. presented Covenants Running with the Land from Larkins Construction Com- pany, owner and subdivider of Lot A and Lot B of that record of survey entitled ''Record of Survey of di- vision of a portion of Parcel Four, Wakefield Baker property (5 0.35)" filed on February 24, 1971 in Book 10 of Surveys at page 16 which guarantees the payment of up to one-half (1/2) of the cost of improving to ''City's standards'' that portion of Williams Street that fronts on said real property if the City of San Rafael improves that portion of Williams Street or requests that such improvement be made. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the Mayor and City Clerk be authorized to sign the covenants running with the land. RESOLUTION NO. 4015 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Larks Construction Company - Lot Q Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4016 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Larkins Construction Company - Lot B) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EMPLOYEE BENEFITS - File 7-1 City Manager, James McCown informed the Council that Mutual Benefit Life Insurance Company notified the City that their rates for Major Medical Insurance coverage would increase effective April 1, 1971. The increased rates amount to 31� for employee coverage and 59,` for dependent coverage. The Council agreed to pay the employees' share; however, those with dependent coverage must absorb the 59� increase. 129 RE: COMMITTEE TO REVIEW MINOR CLAIMS AGAINST THE CITY - File 3-1 A committee to review minor claims against the City was appointed. City Manager, and the City Attorney are to act on this committee. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated March 15th, 1971, and Advice on Payroll dated March 19th, and now on file in Finance office to which reference is hereby made for further particulars: Claims: General Fund Parks Fund Library Fund Parking District Capital Improvement Stores Revolving Equipment and Replacement Gas Tax Payroll: Council adjourned. General Fund Parks Fund Library Fund $ 32,844.21 421.93 .965.50 8.16 13,101.34 663.16 6,130.86 18,502.20 $ 72,637-36 110,738.01 4,943.66 5,751.74 $ 121,433.41 MARION A. GRADY, City Clerk it Approved this STC day of19 l/ i MAYOR OF THE CITY'OF SAN RAFAEL In Room 201 of the City Hall, City of San Rafael, Friday, March 26th, 1971 at 5:30 P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Absent: Harry A. Barbier, Councilman Lawrence E. Mulryan, Councilman The meeting was called to order and adjourned to the Council Chambers. RE: SANITARY SEWER - SALE OF $1,105,000 CITY OF SAN RAFAEL 1971 SEWER BONDS - File 12-6 RESOLUTION NO. 4017 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL PROVIDING FOR THE ISSUANCE OF $1,105,000 PRINCIPAL AMOUNT OF ''CITY OF SAN RAFAEL 1971 SEWER BONDS''; PRESCRIBING THE DATE AND FORM OF THE BONDS AND OF THE COUPONS TO BE ATTACHED THERETO; FIXING THE MAXIMUM RATE OF INTEREST ON THE BONDS AND PRESCRIBING THE MATURITIES THEREOF; AUTHORIZING THE EXECUTION OF THE BONDS AND COUPONS; PROVIDING FOR THE LEVY OF A TAX TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS; AND DIRECTING NOTICE OF SALE OF THE BONDS TO BE GIVEN. On motion of Councilman Miskimen, seconded by Councilman Jensen, the foregoing resolution was adopted by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Mulryan Council adjourned. MARION A. GRADY, City Clerk Approved th i s��- day of 19 l MAYOR OF THE CITY OF SAN RAFAEL - In the Council Chambers of the City of San Rafael, Monday, April 5th, 1971 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskiemn, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of the regular meeting of March 15th and the special meeting of March 26th, 1971, a true and correct copy having been heretofore submitted to each member, were approved. RE: PRESENTATION OF CIVIC AWARD - File 102 x 9-2-3 Mrs. Eleanor G. Murray retiring Chairman of the San Rafael Library Board of Trustees after 37 years of de- voted service to the City of San Rafael was presented with a civic Award by son-in-law Councilman Harry Barbier and received a standing ovation from the Mayor and Council and all of those assembled in the Council Chambers. RE: PUBLIC HEARING - adoption of 1970 EDITION, UNIFORM BUILDING CODE - File 9-8 x 1-6-1 Mayor Bettini declared the hearing open. Building Inspector Jack Coates reported that the ordinance had been published and notice of the public hearing had been made according to all legal requirements. There being no one present wishing to address the Council in this matter the Mayor declared the hearing closed. Motion was made by Councilman Jensen, seconced by Councilman Mulryan, that Ordinance No. 1002 be adopted. CHARTER ORDINANCE NO. 1002 - An ordinance of the City of San Rafael adopting by reference the Uniform Building Code, Volume 1, 1970 Edition including the appendix thereof, and the secondary code, Uniform Building Code Standards, 1970 Edition with certain amendments thereto, and numbering Charter Ordinance No. 1002 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBIC HEARING - APPEAL OF PLANNING COMMISSION'S DENIAL TO AMEND ORIGINAL USE PERMIT UP 70-23 (b) 529 JACOBY STREET - HOLIDAY MAGIC - File 10-5 Mayor Bettini declared the hearing open. Senior Planner, Charles Linthicum addressed the Council stating that the applicant, Holiday Magic, had requested that the Planning Commission remove the condition re- quiring that the drainage assessment district be formed prior to the issuance of a building permit. The commission denied the application feeling that this matter is directly related to the Council's policy that no permnaent development take place until the assessment district is formed or a covenant is signed binding the property owner to the assessment district. The public hearing was continued for two weeks until the covenant can be studied by the applicant. RE: PUBLIC HEARING - APPEAL OF THE PLANNING COMMISSION DECISION AA71-9, FREE-STANDING ILLUMINATED SIGN - RAY WILLITS, 809 FRANCISCO BLVD. - File 10-7 Mayor Bettini declared the hearing open. Senior Planner, Charles Linthicum informed the Council that the Commission had approved the application for a free-standing sign with the condition that the sign be limited in area to 36 sq. feet and that there be no changeable copy permitted. Mr. Ray Willits addressed the Council stating the reason he is appealing is that he needs changeable copy in his business. The sign he is proposing is small in comparison with other signs which have recently been installed in the vicinity and there are many changeable copy signs within 200 yards of his business. He presented a sketch to the Council showing his proposal and expressed willingness to remove the changeable copy sign at any time the Council requires others to be removed under the new sign ordinance. The Mayor declared the hearing closed. The City Council instructed the Senior Planner to take the matter up with the Plann- ing Commission to develop criteria for changeable copy signs. Motion was made by Councilman Jensen, seconded by Councilman Jensen, to sustain the appeal and overule the Planning Commission's decision and allow the 36 sq. foot free-standing sign with 75% changeable copy. Ayes: Councilmen: Barbier, Jensen, Miskimen , Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 171 WOODLAND AVENUE FROM $-3-B-D MULTIPLE RESIDEN- TIAL TO R-2 DUPLEX RESIDENTIAL - File 10-3 Mayor Bettini declared the hearing open. Senior Planner, Charles Linthicum reported that this rezoning is required as a condition of a subdivision of a small lot off of Woodland Avenue near Bungalow Avenue and the owner is in complete agreement with this action. There being no one further wishing to address the Council, the Mayor declared the hearing closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Sec- tion 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a R -3 -B -D (30) (Multiple Residential, Minimum 3,000 Square Feet per unit) District to an R-2 (Dup- lex Residential District, and numbering Charter Ordinance No. 1008 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING 1747 LINCOLN AVENUE FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-4 TRANSIENT RESIDENTIAL DISTRICT - CARLO GNEMMI, APPLICANT - File 10-3 Mayor Bettini declared the hearing open. Senior Planner, Charles Linthicum briefed the Council in the matter of the rezoning of property at 1747 Lincoln Avenue. He stated that contrary to the notice the property does not extend through to Prospect Drive and there is a single lot classified R-1 between this property and Prospect Drive. Residents in the neighborhood have been notified of the proposed zoning change, and have offered no objection. Mayor Bettini declared the hearing closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Sec- tion 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a R-1 (Single Family Residential) District to an R-4 (Transient Residential) District, and numbering Charter Ordinance No. 1009 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - CONDOMINIUM - FINAL MAP RESUB OF EAST SAN RAFAEL - File 5-1-151 This hearing continued from the meeting of March 15th, 1971. Senior Planner, Charles Linthicum reported that the applicant had asked for one more continuance and that the matter of easement is very close to being resolved. Mr. Cooper, representing the developer, addressed the Council stating that at the time the letter was written requesting a continuance they were not aware that the loan had been granted for the adjacent property owner. He recommended that this reversion to acreage be approved subject to receipt of the quit -claim deed for the easement. Mayor Bettini declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Lots 7, 8, 14, 15 East San Rafael and Parcels "D" and "H" inclusive of Condominium Recorded in Book 12, Page 58 of Maps be reverted to acreage. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BONDS OF ELECTED AND APPOINTED OFFICIALS - File 9-6 CHARTER ORDINANCE NO. 1006 - An ordinance of the City of San Rafael fixing the amount of the bonds of elected and appointed officials, and numbering Charter Ordinance No. 1006 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: JOINT EXERCISE OF POWERS AGREEMENT WITH THE COUNTY OF MARIN - SOUTH SAN PEDRO ROAD, PHASE IV - File 4-13-14 County Public Works Director Donald Frost made a report of the progress on the development of South San Pedro Road Phase IV. He requested the City adopt a resolution supporting Marin County's application to B.C.D.C. for approval of "Bay Fill". RESOLUTION NO. 4018 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SUP°ORTING MARIN COUNTY'S APPLICATION TO THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION TO CONSTRUCT A PORTION OF SOUTH SAN PEDRO ROAD. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Mr. Alex McMillan of the Glenwood Homeowners Association requested that the Council adopt a resolution asking the Board of Supervisors to expedite the work on the South San Pedro Road Improvement. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to adopt the resolution. RESOLUTION NO. 4019 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REQUESTING THE MARIN COUNTY BOARD OF SUPERVISORS TO EXPEDITE AND COMPLETE THE SOUTH SAN PEDRO ROAD WIDENING PROJECT - PHASE IV AS SOON AS POSSIBLE. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None City Engineer, Ely CaiIIouette, Jr. reported that a draft of the extension of the Joint Powers Agreement with the County of Marin on the South San Pedro Phse IV project had been received and will be reviewed and presented to the City Council at its next meeting. RE: BICYCLE REGISTRATION - File 9-10 Mrs. Norma Osborn addressed the City Council and asked them to explore the possibilities of bicycle re- gistration in the City of San Rafael. 133 Matter was continued for thirty days and referred to the City Manager and Police Chief for investigation RE: SALE OF CITY PROPERTY - File 2-7 An offer to purchase a piece of property which is a small portion of Victor Jones Memorial Park for the ap- praised value of $500.00 was made by Mr. Ted Ponseti of 74 Robinhood Drive. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that the property be sold and the City Attorney draw up the necessary ordinance providing for the sale. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AMENDMENT TO TITLE 12 CHANGING LIMITS OF FIRE ZONE NO. 1 - File 10-9 The matter of changing the limits of Fire Zone No. 1 was continued for two weeks. RE: PLUMBING CODE ADOPTED BY REFERENCE - File 1-6-3 Chief Building Inspector Jack Coates presented an ordinance to adopt by reference the Uniform Plumbing Code 1970 Edition including Appendix thereof with certain Amendments thereto. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, that the ordinance be read by title only. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None An ordinance of the City of San Rafael adopting by reference the ''Uniform Plumbing Code, 1970 Edition'' in- cluding Appendix thereof with certain Amendments thereto, and numbering Charter Ordinance No. 1011 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Public hearing on the Uniform Plumbing Code, 1970 Edition was set for May 3, 1971. RE: BUILDING CODE ADOPTED BY REFERENCE - File 1-6-1 Chief Building Inspector Jack Coates presented an ordinance adopting by reference the ''Uniform Mechanical Code'', 1970 Edition also known as the Uniform Building Code, Volume II, 1970 Edition with certain Amend- ments thereto. Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, the ordinance be read by title only. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None An ordinance of the City of San Rafael adopting by reference the ''Uniform Mechanical Code'', 1970 Edition also known as the Uniform Building Code, Volume 11, 1970 Edition with certain Amendments thereto, and numbering Charter Ordinance No. 1012 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Public hearing on the Uniform Mechanical Code was set for May 3, 1971• RE: TRAFFIC SIGNALS - File 11-10 City Engineer, Ely Caillouette, Jr. presented a resolution requesting T.O.P.I.C.S. Project Administration Certificate from the State. RESOLUTION NO. 4020 - TOPICS PROJECT ADMINISTRATION CERTIFICATION FROM THE STATE DIVISION OF HIGHWAYS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RESURFACING OF TENNIS COURTS - BOYD PARK AND GERSTLE PARK - PROJECT NO. 9151-71.146 - File 4-1-176 City Engineer, Ely Caillouette, Jr. presented a budgeted and approved Park Department Project for the 1970-71 Capital Improvement Program for the Resurfacing of Tennis Courts -Boyd Park and Gerstle Park. RESOLUTION NO. 4021 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT NO. 9151-71.146 - RESURFACING OF TENNIS COURTS BOYD PARK AND GERSTLE PARK. (Bid Opening April 19, 1971) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARK GRADING - BOYD HILLSIDE PARK - PROJECT NO. 9113-71.145 - File 4-1-177 City Engineer, Ely Caillouette, Jr. presented a budgeted and approved Park Department Project for the 1970-71 Capital Improvement Program for the grading in Boyd Hillside Park. RESOLUTION NO. 4022 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT NO. 9113-71.145 PARK GRADING - BOYD HILLSIDE PARK. (Bid Opening April 19, 1971) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FEES FOR SIGN REVIEW - File 9-10-2 Senior Planner, Charles Linthicum reported that the resolution fixing fees under Title 14 of the San Rafael Municipal Code should be amended to include fees for sign review. RESOLUTION NO. 4023 - RESOLUTION FIXING FEES UNDER TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FREITAS PARK ROAD IMPROVEMENTS - PROJECT NO. 9111-71.144 - File 4-1-178 City Engineer, Ely Caillouette, Jr. presented a budgeted and approved Park Department project for the 1970-71 Capital Improvement Program for improvement to Freitas Park Road. RESOLUTION NO. 4024 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT NO. 9111-71.144 FREITAS PARK ROAD IMPROVEMENTS. (Bid Opening May 3rd, 1971) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CONSTRUCTION OF TENNIS COURTS NEAR MONTECILLO ROAD - PROJECT NO. 9111-71.150 - File 4-1-179 City Engineer, Ely Caillouette, Jr. presented a budgeted and approved Park Department project for the 1970-71 Capital Improvement Program for improvement to Tennis Courts near Montecillo Road. RESOLUTION NO. 4025 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT NO. 9111-71.150 CONSTRUCTION OF TENNIS COURTS N.6AR MONTECILLO ROAD. (Bid Opening May 3rd, 1971) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FREEWAY MAINTENANCE AGREEMENT - File 4-8-13 RESOLUTION NO. 4026 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING FREEWAY MAINTENANCE AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The matter of landscaping along the freewayroute was discussed and the City Engineer and City Manager were requested to prepare a resolution to the State of California encouraging them to proceed with landscaping as soon as possible. RE: ANNEXATION POLICY - File 5-2 City Manager, James McCown reported that he and members of the City staff had appeared at meetings with homeowners of Country Club Tract and also with the Terra Linda Community Services District and Recreation District in order to answer their questions concerning annexation to the City of San Rafael. He suggested that in the interest of an orderly urban growth the City Council should adopt an annexation policy. After discussing the matter, it was moved by Councilman Miskimen, seconded by Councilman Barbier, that a resolu- tion be adopted expressing the idea that the natural boundary of the City of San Rafael should include the Terra Linda Community Services District and the Terra Linda Community Recreation District area, how- ever, the City of San Rafael does not want to interfere or in any way obstruct the merger of the two bodies and requests that Local Agency Formation Commission consider the merger on its merit alone. RESOLUTION NO. 4028 - RESOLUTION TO LAFC RE PROPOSED MERGER OF TERRA LINDA COMMUNITY SERVICES DISTRICT AND TERRA LINDA PARKS AND RECREATION DISTRICT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TENTATIVE MAP OF TOYON TERRACES - File 5-1 A public hearing on the appeal of the Planning Commission's action on the tentative map of Toyon Terraces was set for April 19th, 1971. RE: CLAIMS - DAMAGE TO PERSONAL PROPERTY - ERNEST C. PETERSON - FU e 3-1 Claim in the amount of $50.00 from Ernest C. Peterson for damages to the canvas cover at the corner of his house was presented. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, this claim be paid. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIMS - DAMAGE TO AUTOMOBILE - STEPHEN D. BECHTEL, JR. - File 3-1 Claim for damages to an automobile of Stephen D. Bechtel, Jr. in the amount of $64.22 caused by an ac- cident with a police vehicle was presented. Motion was made by Councilman Mulryan, seconded by Councilman Jensen, to pay the claim. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ELIGIBILITY LIST FOR POSITION OF POLICE CAPTAIN - File 7-4 Motion was made by Councilman Jensen, seconded by Councilman B arbier, request of Chief of Police, Joseph Brusatori to extend the eligibility list for Police Captain to March 31, 1972 be granted. RE: PUBLIC EMPLOYEE ORGANIZATION - File 7-8-1 x 7-8-2 x 7-8-3 RESOLUTION NO. 4027 - RESOLUTION OF THE CITY OF SAN RAFAEL ESTABLISHING EMPLOYER-EMPLOYEE RELATIONS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: STREET REPAIRS - SOUTHERN HEIGHTS BRIDGE - File 11-15 City Engineer, Ely Caillouette, Jr. reported that the timber bridge on Southern Heights Boulevard is closed and will have to remain so for an indeterminate period of time due to a failure in the decking. The Public Works Department is taking action to repair this structure. RE: SENIOR CITIZENS - File 123 Mayor Bettini reported on information brought back from Sacramento by the senior citizens concerning financing of a building for senior citizens' activities. RE: PERSONNEL ACTION - BOARD OF REVIEW FINDINGS - File 7-5 x 9-2-12 The Council adjourned to Room 201 of the City Hall for an executive session to hear the findings of the Board of Review in connection with a personnel action against a City employee. At the close of the executive session the Council reconvened and the City Attorney announced the action taken by the City Council in the reinstatement of the employee and the conditions for his reinstatement. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated April 5th, 1°171, and Advice on Payroll dated April 5th, 1971, and now on file in Finance office to which reference is hereby made for further particulars: Claims: General Fund $ 14,810.02 Parks Fund 744.92 Library Fund 4,543.82 Employee Retirement 26,946.95 Parking District 788.56 Capital Improvement 20,491.09 Stores Revolving 135.81 Equipment & Replacement 406.66 $ 68,867.83 Payroll: General Fund 112,854.62 Parks Fund 5,002.22 Library Fund 5,079.70 $ 122,936-54 Council adjourned to Monday, April 19th, 1971 at 8:00 o'clock P.M. MARION A. GRADY, City Clerk Approved this day of 19 % 1 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, April 19th, 1971 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of the regular meeting of April 5th, 1971, a true and correct copy having been heretofore submitted to each member, were approved. RE: PARK GRADING - BOYD HILLSIDE PARK - PROJECT NO. 9113-71.145 - File 4-1-177 The following bids were received, opened and read: Piombo Bros. $ 3,312.00 Forde Construction Company $ 4,358.00 Brown -Ely Company $ 5,760.00 Maggiora & Ghilotti $ 6,000.00 Ghilotti Bros., Inc. $ 7,440.00 Director of Public Works Norris Rawles recommended that the low bid of Piombo Bros. be accepted and that additional grading be authorized to the full budgeted amount of $5,000.00. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to award the contract to Piombo Bros. and authorize the additional work. Ayes: Councilmen:Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4030 - RESOLUTION OF AWARD OF CONTRACT. (Piombo Bros.) Ayes: Councilmen: Barbier, Jensen, Miskimen, 'lulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RESURFACING OF TENNIS COURTS-BOYD PARK AND GERSTLE PARK - PROJECT NO. 9151-71.146 - File 4-1-176 The following bid was received, opened and read: Malott & Peterson -Grundy $ 3,454.00 Director of Public Works Norris Rawles recommended that the bid be accepted. RESOLUTION NO. 4032 - RESOLUTION OF AWARD OF CONTRACT. (Malott & Peterson -Grundy) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DENIAL TO AMEND ORIGINAtUSE PERMIT UP 70-23 - 529 JACOBY STREET - HOLIDAY MAGIC - File 10-5 Mayor Bettini announced that this is a continued public hearing. Planning Director Herbert G. Hotchner summarized the action to date in the appeal from the Planning Commission's having placed condition "a" on the use permit for a warehouse and office complex at 529 Jacoby Street. Condition "a" is an established policy of the City Council that no permanent development may occur in the area until the property lies within a legally formed drainage assessment district. Questions to the staff revealed that although the assess- ment district is in the process of being formed, there is still the possibility of its not being completed. Mr. Hugh Allen addressed the Council asking them to consider whether or not the drainage as proposed in this development will fit in with the drainage district plan. Mr. Barney Norwitt addressed the Council stating that he could foresee no reason for the assessment district not being formed. Mayor Bettini de- clared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the appeal be sustained and the Planning Commission's decision overruled with the condition that the Holiday Magic property at 529 Jacoby Street be a part of the assessment district if it is formed and should the district not be formed that all requirements of the City Engineering Department be met in connection with the develolment of this property. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None x RE: TENTATIVE MAP OF TOYON TERRACES - File 5-1 1,1;-5 Mayor Bettini declared the hearing open. Planning Director Herbert G. Hotchner reported that this is a subdivision consiting of five lots which had been approved as a tentative subdivision sevdral years ago, however, a final map had not been filed. The applicant is asking approval of this tentative map again. Property owners in the vicinity appeared before the Planning Commission objecting to the lack o. access for emergency vehicles on the narrow road, drainage problems and possible slide conditions. Mr. W. M. Pinney, Jr. attorney for the applicant stated that the present plans are the same as those that had been submitted and approved five years ago. Mr. Frank Aitken the project engineer said that four parkina spaces per lot would be provided and no parking permitted on the street. Also, he felt five more homes on this street would not create that much more traffic. Mr. Herbert Walton, attorney, representing property 137 owners in the vicinity spoke and filed a petition with the signatures of 53 property owners. He pointed out that the tentative map had been approved previously prior to the adoption of a slope ordinance. The slope ordinance which was adopted in 1965 was for the stated purpose of preserving the natural beauty of the surrounding hillsides while allowing reasonable use of these areas for development purposes. He expressed concern of his clients for the departure from the adopted policy of the slope ordinance. Mayor Bettini declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that the application be denied and the Planning Commission action be sustained. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Councilman Miskimen suggested that the applicant be advised of the reason for the Council's action in denying the appeal, and it was stated by the Mayor that it is because the subdivision as presentejdoes not meet the requirement of the slope ordinance and also because of the narrowness of the road. EE: PUBLIC HEARING - REZONING OF 100 CHANNING WAY FROM R -3-S SPECIAL MULTIPLE RESIDENTIAL DISTRICT TO P -C PLANNED COMMUNITY DISTRICT - File 10-3 Mayor Bettini declared the hearing open. Planning Director Herbert G. Hotr.-�hner explained that the P -C zoning would incorporate the conditions of the use permit approved by the Planning Commission. Mr. Harold Growner, owner of the property below 100 Channing Way on Joseph Court suggested that in the de- velopment of the property bulkheads be placed to keep the water from rushing down the hill.. Mr. James Contos, 109 Professional Center Parkway remarked that the street is narrow at the bottom of hill and is the only street available for fire access to the property on Channing Way. Mayor Bettini suggested that the Traffic Committee take up the problem of parking at the lower end of the street. Councilman Miskimen questioned the City Engineer about the possibility of getting another roadway into this area and was advised that the area to the east was being dedicated to the City as a greenbelt and the City would own the right-of-way for future roadway alignment down the hill. Planning Director, Herbert G. Hotchner read the conditions attached to the use permit by the Planning Commission. Mayor Bettini declared the hearing closed. Motion was made by Councilman Barbier, seconded by Councilman Mulryan, that the property be rezoned. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.20.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from an R -3-S (Special Multiple Residential) District to a P -C (Planned Community) District, and numbering Charter Ordinance No. 1013 was read, introduced and ordered passed to print by the follow- ing vote, towit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING OF 4040 Civic CENTER DRIVE FROM A P -C & "U" DISTRICT TO A P -C (PLANNED COMMUNITY) DISTRICT - File 10-3 Mayor Bettini declared the hearing open. Planning Director Herbert G. Hotchner addressed the Council stating that the planned use for the property would permit an office building, hotel, motel, restaurant, and gasoline service station and that a condition of the Planning Commission was for the widening of a Redwood Highway frontage. Mr. Wayne Wedell an architect from Sausalito and a representative of the property owner addressed the Council asking if they had any questions on the planned development. There being no one else present wishing to discuss the matter, the Mayor declared the hearing closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.20.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from an P -C (Planned Community) & "U" (Unclassified District to a P -C (Planned Community) Dis- trict, and numbering Charter Ordinance No. 1014 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING 40'0-4100 REDWOOD HIGHWAY AT MARIN CENTER DRIVE FROM A P -C DISTRICT TO A P -C (PLANNED COMMUNITY) DISTRICT - File 10-3 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner reported that the Planning Commission had unanimously adopted a resolution recommending to the City Council the rezoning of this property. There being no other persons wishing to discuss the matter, the Mayor declared the hearing closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.20.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from an P -C (Planned Community) District to a P -C (Planned Community) District, and numbering Charter Ordinance No. 1015 was read, introduced and ordered passed to print by the following vote, to - wit. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SIGN ORDINANCE - AMENDMENTS, ADDITIONS AND DELETIONS TO SAN RAF,AEL MUNICIPAL CODE - File 9-8 x 10-2 CHARTER ORDINANCE NO. 1007 - An ordinance of the City of San Rafael repealing subsection S-404 of Chapter 16.04 entitled, "Uniform Sign Code", and amending Title 14 "Zoning" by renumbering Chapter 14.12 thereof 11 Establishment of Districts", to Chapter 14.15 and by adding a new Chapter 14.12 entitled "Sign Review" and repealing any other provisions of Title 14 ''Zoning'' inconsistent therewith and by amending Chapter 14.74 ''Home Occupations'' by amending subsection 14.74.010 and 14.74.040 thereof, and numbering Charter Ordinance No. 1007 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REZONING PROPERTY AT 171 WOODLAND AVENUE FROM R -3 -B -D MULTIPLE RESIDENTIAL TO R-2 DUPLEX RESIDENTIAL - File 10-3 CHARTER ORDINANCE NO. 1008 - 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 a R -3 -B -D (30) (Multiple Residential, Minimum 3,000 square feet per unit) District to an R-2 (Duplex Residential District), and numbering Charter Ordinance No. 1008 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REZONING 1747 LINCOLN AVENUE FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-4 TRANSIENT RESIDENTIAL DISTRICT - CARLO GNEMMI, APPLICANT - File 10-3 CHARTER ORDINANCE NO. 1009 - 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 a R-1 (Single Family Residential) District to an R-4 (Transient Re- sidential) District, and numbering Charter Ordinance No. 1009 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SALE OF CITY PROPERTY - PORTION VICTOR JONES MEMORIAL PARK - File 2-7 City Attorney, Fred Robbins, Jr. presented an ordinance providing for the sale of a small portion of Victor Jones Memorial Park to Mr. Ted Ponseti as approved by the Council at the April 5th, 1971 meeting. An ordinance providing for the Sale and Conveyance of public real property to Theodore J. and Marion E. Ponseti, and numbering Charter Ordinance No. 1010 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskiemn, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AMENDMENT TO TITLE 12 CHANGING LIMITS OF FIRE ZONE NO. 1 - File 10-9 Chief Building Inspector Jack Coates discussed with the Council the effects of removing the downtown business area from Fire Zone 1 and discussed the rating system of the Board of Fire Underwriters. After discussion, it was agreed by the Council to continue Fire Zone 1 with a change im the eastern boundaries to Netherton Street but to change the b uilding code requirements regarding valuation of buildings in the event of fire damage. It was also agreed that the Board of Fire Underwriters should be requested to survey the City in the near future. An ordinance of the City of San Rafael amending Chapter 12.04 of the San Rafael Municipal Code changing the limits of Fire Zone 1, and numbering Charter Ordinance No. 1016 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: Miskimen Absent; Councilmen: None RE: SAN RAFAEL CITY HALL - File 4-1-120 x 4-3-27 City Attorney, Fred Robbins, Jr. explained to the Council that the sum of $5,037.00 had been withheld from the final payment for construction of the City Hall due to a lawsuit involving Robert R. Ritter and San Rafael Architects Associated. The suit has now been settled and he recommended the money which had been put in the General Fund be appropriated and payment made to Mr. Ritter. Motion was made by Councilman Barbier, seconded by Councilman Jensen, to appropriate the sum of $5,037.00 from the General Fund and Mr. Robert R. Ritter be paid this amount. Ayes: Councilmen: Barbier, Jehsen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: JOINT EXERCISE OF POWERS AGREEMENT - COUNTY OF MARIN - SOUTH SAN PEDRO ROAD WIDENING PROJECT PHASE IV - File 4-13-14 Public Works Department presented an Agreement for the extending of the Joint Exercise of Powers Agree- ment for two (2) years, from June 30, 1972 to June 30, 1974 on the South San Pedro Road Widening Project 139 Phase IV and recommended that the City Council approve the agreement. RESOLUTION NO. 4033 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL PUBLIC LIBRARY - File 12-8 City Manager, James McCown requested approval of specifications and call for bids for installation of wall-to-wall carpeting in San Rafael City Library which is a budgeted item. Councilman Mulryan question- ed the installation of wall-to-wall carpeting when the remodeling of the library is under consideration. The matter was held over to the next Council meeting in order that the City Librarian can report on this matter. RE: PLANS AND SPECIFICATIONS AND CALL FOR BIDS 1250 GALLON PER MINUTE TRIPLE COMBINATION PUMPING ENGINE - File 4-2-87 RESOLUTION NO. 4034 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR ONE (1) 1250 PER MINUTE MOTOR DRIVEN PUMPING ENGINE AND MISCELLANEOUS EQUIPMENT. (Bid opening May 26, 1971 at 2:00 P.M.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TOPICS - File 11-10 Director of Public Works presented an agreement between the State of California and the City of San Rafael for the preparation of the TOPICS Plan and Study Report. RESOLUTION NO. 4031 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Local Agency -State Agreement No. 38 TOPICS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TITLE 17 WATERS AND WATERWAYS - File 12-19 Monday evening May 3rd, 1971 at 8:00 o'clock P.M. was the time set for public hearing on an ordinance to set forth the standards and procedures by which filling, excavation and construction in tideland areas will be controlled. RE: CLAIM - PROPERTY DAMAGE - ERNEST C. PETERSEN - File 3-1 City Attorney, Fred Robbins, Jr. reported that the City's insurance carrier has advised that when vehicle liability occurs there is no deductible. He recommended that the action taken at the previous meeting be reversed and that the claim be denied and referred to the insurance carrier. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to reverse the previous action on the claim of Ernest C. Peterson, deny the claim and refer it to the insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM - DAMAGE TO AUTOMOBILE OF STEPHEN D. BECHTEL, JR. - File 3-1 This claim had previously been recommended for payment and is also a vehicle liability claim. It was moved by Councilman Mulryan, seconded by Councilman Jensen, to reverse the previous action on the claim of Stephen D. Bechtel, Jr., deny the claim and refer it to the insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM - FAILURE TO RETURN PERSONAL PROPERTY - File 3-1 A claim from David R. Walters in the amount of $1,500.00 for failure of the San Rafael Police Department to return personal property of the claimant was presented to the City Council. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to deny the claim. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to place the following personnel on the regular payroll: (a) Thomas R. Smiley, III, on regular payroll as Police Cade, commencing April 19, 1971 at the monthly salary of $508, Range 3, Step. (b) Primo V. Magday on regular payroll as Police Cadet, commencing April 6th, 1971 at the monthly salary of $486, Range 3, Step A. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Request for extension of an additional six months leave of absence without pay due to ill health was made by John T. Goodale. City Manager, James McCown reported that the personnel rules do not permit an ex- tension beyond the six months period. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to deny the request but to inform Mr. Goodale that if condition should arise that he would be available for employment he would be given first consideration for re-employment with the City. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LIBRARY BOARD - File 9-2-3 City Manager, James McCown reported that there is presently one vacancy on the Library Board and two terms expiring. Motion was made by Councilman Miskimen, and duly seconded to put over the appointment of Library Board members to the meeting of May 3rd. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE,: SHORELINE COMMITTEE - File 12-19 Councilman Harry Barbier announced that he had been appointed to the State of California Shoreline Com- mittee. RE: ABATEMENT PROCEEDINGS - File 3-3-20 Mayor Bettini requested that the abatement of the structure at 33 Maywood Way be placed on the agenda for May 3rd to consider revoking the use permit. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated April 19th, 1971, and Advice on Payroll dated April 20th, 1971, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT PARKING DISTRICT FUND CAPTIAL IMPROVEMENT STORES REVOLVING EQUIPMENT REPLACEMENT Payroll: GENERAL FUND PARKS FUND LIBRARY FUND $ 33,665.96 781.38 1,407.42 34,563.44 425.00 6,677.47 728.24 6,350.49 $ 8 ,599.0 $ 109,043.32 4,943.66 4,897.21 $ 118, .19 The Council adjourned to 7:00 P.M. Tuesday, April 20th, 1971 for the purpose of opening bids for the $,105,000.00 1971 Sewer Bonds. MARION A. GRADY, City Clerk Approved this _ 'L—day of 1971. MAYOR OF THE CITY 0 -'SAN RAFAEL