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HomeMy WebLinkAboutMinutes 1965-1970 pt. 6In the Council Chambers of the City of San Rafael, Monday, March 3rd, 1969 at 8:00 o'clock PM . Regular Meeting: Tape #1 Side 2 RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred E. Robbins, Jr. Councilman 41,J Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of February 17th, 1969, a true and correct copy thereof having been heretofore submitted to each member, were approved. RE; PUBLIC HEARING -- ZONING ORDINANCE AMENDMENTS - File 10-3 Public hearing was declared opened. City Planner, Herbert Hotchner briefed the council on the following proposed amendments: Zoning Ordinance - Tex Amendment of Section 14.92.020-1 the reasons for this text amendment is to per- mit rezoning fees to be set by the City Council and provide uniformity to the administrative procedures for f11ing an application. An ordinance of the City of San Rafael amending Title 14, Zoning of the San Rafael Municipal Code by amending Section 14.92.020-1 so as to permit rezoning fees to be set by the City Council, and numbering Charter Ordinance No. 934 was read, introduced, and ordered passed to print by the following vote, to - wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Zoning Ordinance - Text Amendment of Section 14.60.020b the reasons for this text amendment is to elimi- nate ambiguous terminology. An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending Section 14.60.020b so as to clarify the uses permitted in an unclassified district, and number- ing Charter Ordinance No. 935 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Zoning Ordinance - Text Amendment of Section 14.88.010 the reasons for requesting this text amendment makes explicit the procedure for setting expiration dates on action taken by the Planning Commission. An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending the Title of Chapter 14.88 to read ''Expiration or Revocation'' and by amending Section 14.88.010 so as to make explicit the procedure for setting expiration dates on actions taken by the Planning Com- mission, and numbering Charter Ordinance No. 936 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 932 - AMENDMENT TO ZONING ORDINANCE SECTION 14.76.040(b) - File 10-3 - Final Adoption CHARTER ORDINANCE NO. 932 - An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending Section 14.76.040(b) in order to change the word ''Chapter'' to the word ''Title'' and thereby clarify that said reference applies to the entirety of Title 14, and numbering Charter Ordinance No. 932 was passed and adopted as an ordinance of the City of San Rafael by the follow- ing vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FREEWAYS AND STATE HIGHWAYS - RICE STREET CONNECTION - File 11-16 Director of Public Works, Norris Rawles briefed the council and stated that he had contacted the Division of Highways regarding the Rice Street connection and recommended that a resolution be sent to the Divi- sion of Highways to include in their plans a roadway connecting Rice Street to the City road system. RESOLUTION NO. 3736 - RESOLUTION REQUESTING THE DIVISION OF HIGHWAYS TO IMMEDIATELY COMMENCE PLANS AND SPECIFICATIONS TO MAKE A DIRECT CONNECTION BETWEEN THE AREA OF SECOND STREET AND LINCOLN AVENUE TO THE EXISTING FRANCISCO BOULEVARD WEST AT RICE STREET. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GENERAL MUNICIPAL ELECTION - APRIL 15, 1969 - File 9-4 City Clerk, W. Clifford Cornwell presented a certified list of the offices to be filled and the names of the candidates nominated. Noted and filed. RE: EXTENSION OF MONTECILLO ROAD AND PARK SITE_ DEVELOPMENT - File tt1-153 Director of Public Works, Norris Rawles presented the plans and specifications for the extension of 4111 Montecillo Road through Manuel T. Freitas Park site. RESOLUTION NO. 3737 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT NO. 40-2003 (69.402-1) EXTENSION OF MONTECILLO ROAD AND PARK SITE DEV- ELOPMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None (Bid Opening Monday, March 17th, 1969 at 8:00 P.M.) RE: FINAL MAP OF SEAVIEW SUBDIVISION - File 5-1-198 Director of Public Works, Norris Rawles presented the final map of Seaview, together with the subdivi- sion agreements and the necessary bond for faithful performance and labor and material. RESOLUTION NO. 3738 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED ''SEAVIEW'' Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: MAIN DRIVE DEED TO PORTION OF STREET - File 2-2 Director of Public Works, Norris Rawles presented a grant deed from the McNear Company for the northerly half of a portion of Main Drive. This portion of the steeet was never formally dedicated or accepted by the City. RESOLUTION NO. 3739 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: SEWER EASEMENT ACROSS PEACOCK GAP GOLF COURSE - File 2-3 City Attorney, David Menary, Jr. briefed the council on the reasons why the city had not accepted the sewer line to -date which crossed the Peacock Gap Golf Course. He also pointed out that the lince could be cut and threre would be 32 connections that would be without sewage disposal. RESOLUTION NO. 3741 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: RELOCATION OF SANITARY SEWER SYSTEM - HIGHWAY "101" WIDENING PROJECT VICINITY OF CLYDE AVENUE - File 4-1-149 Request of V. N. Vukasin & Slavo Rigisich, Contractors on the above job that the date of completion be extended because of weather conditions. RESOLUTION NO. 3742 - RESOLUII ON EXTENDING TIME FOR THE COMPLETION OF CONTRACT. (Be extended to and including the 30th day of April, 1969. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: SAN PEDRO ROAD WIDENING - File 2-2 Director of Public Works, Norris Rawles presented a deed from Galli Construction Company for land to be used for the future widening of San Pedro Road. RESOLUTION NO. 3740 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: CONSERVATION - File 13-14 (Letter from the Marin Conservation League whose concern was that now that backyard burning had been banned, what plan was there to dispose of burnable waste materials. Letter was noted. RE: CLAIM FOR PROPERTY DAMAGES TO AUTOMOBILE - BUDGET RENT -A -CAR - File 3-1 Letter from our insurance carrier recommending that the city authorize the payment of $75.00 for repair of the damage to the vehicle caused by a cable which dropped on the car in December. This amount being within the $250.00 deductible and being a legitimate claim. Motion was made by Councilman Jensen, seconded by Councilman Barbier, authorizing the payment of said claim. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: CLAIM FOR PROPERTY DAMAGE - DAVID D. WHITTEMORE - File 3-1 Claim from David Whittemore for damage to his automobile incurred when he drove into an open manhole 41D on western Fourth Street. Only claim for damge to date was $1.50. A report on the matter was presented by the Public Works Department. Motion was made by Councilman Jensen, seconded by Councilman Robbins, to deny the claim and referred to our insurance carrier. Ayes: Councilmen: Barbier, Jensen, Misksmen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ZONING ORDINANCE AMENDMENT - File 10-3 Planning Commission recommends the following be amended: 3Section 14.58.015(b), to add ''residential uses'' to the Administrative -Professional District subject to lobtaining a use permit. Section 14.72.020(b), to add ''where otherwise permitted'' to clarify that certain types of uses are not permitted unless a use permit shall first have been secured. Section 14.72.020(c), to differentiate between accessory uses and accessory structures and to clarify when they are permitted. Section 14.72.070, to delete a subsection on appeals as appeals are covered elsewhere within Title 14. Section 14.76.040(a), to clarify the section and permit consideration of the effect of a use of persons passing through a neighborhood. Public hearing on the above was set for March 17th, 1969. RE: TERRA LINDA MEADOWS - ABANDONMENT OF ONE (1) FOOT NON -ACCESS STRIP - File 5-1-121 City Attorney, David Menary, Jr. briefed the council on the abandonment of a one (1) foot non -access strip on Lea Drive. RESOLUTION NO. 3744 - RESOLUTION REMOVING ONE (1) FOOT NON -ACCESS STRIP ON LEA DRIVE ON THE MAP OF TERRA LINDA MEADOWS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPEAL THE DECISION OF THE PLANNING COMMISSION - UP 68-105 - File 10-5 City Clerk, W. Clifford Cornwell reported that he had received an appeal of the decision of the Planning Commission by Stan Goldberg and Robert R. Rudholm on the five year limitation imposed on the use permit 68-105, and the improvement of Jacoby Street and another street now non-existent. Also filed was a cross appeal of the above referred to use permit in its entirety by Quail Hill Inc. and others, and under Section 84.040.b of the zoning ordinance. The City Clerk set April 21st, 1969 as the date for a public hearing. RE: LICENSE FEES AND OTHER FEES - File 1-2 x 9-10 City Manager, Dan Andersen reported that he and City Attorney, David Menary, Jr. had been working on this and expected to submit their recommendation to the council very shortly. RE: PERSONNEL - File 7-5 Request from City Treasurer to attend the California Municipal Treasurers' Association Seminar in Santa Barbara, April 15-18, and requested appropriation of additional funds. Motion was made by Councilman Barbier, seconded by Councilman Jensen, authorizing the attendance and appropriating $100.00 to Budget Account 1-035-655. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - FIXING THE COMPENSATION FOR CERTAIN POSITIONS WITHIN THE CLASSIFIED SERVICE - File 7-3-1 City Manager, Dan Andersen presented a resolution amending Section 1.3 of Resolution No. 3679 fixing the compensation for certain positions within the classified service. RESOLUTION NO. 3743 - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL FIXING THE COMPENSATION FOR CERTAIN POSITIONS WITHIN THE CLASSIFICATION PLAN AND AMENDING RESOLUTION NO. 3679. Ayes: Councilmen: Barbier, Jensen, Miskimen,Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Salary Range No. A B C D E 16 City Electrician 739 776 815 856 899 14 Tree Maintenance 670 704 739 776 815 Leaderman Salary Range No. 13 Maintenance Man III 8 Secretary A B C D F 638 670 704 739 776 500 525 551 579 608 RE: ADOPTION OF CLASS SPECIFICATIONS - File 7-3-1 In accordance to Personnel Ordinance No. 293 a public hearing will be held on the above matter for March 17th, 1969. City Manager, Dan Andersen recommended that position reclassifications and salary adjustments be made effective March 1st, 1969. Motion was made by Councilman Robbins, seconded by Councilman Barbier, authorizing the various reclassi- fications and salary adjustments as follows: - File 7-5 '(a) Modesto Lamperti, City Electrician, to Range 16, Step E, $899.00 per month. (b) John Camelow, Tree Maintenance Leaderman, to Range 14, Step D. $776.00 per month. (c) Silvio Salmoria, to Maintenance Man III, Range 13, Step D, $739.00 per month. (d) Larry Petretti, to Maintenance Man III, Range 13, Step B, $670.00 per month. (e) Curtis Grannis, to Maintenance Man III, Range 13, Step B, $670.00 per month. (f) Ruth Shea, to Account Clerk II, Range 7, Step D, $551.00 per month. (g) Fern Vincent to Stenographer Clerk II, Range 7, Step E, $579.00 per month. (h) Joan Henriksen, to Range 8, Step A, Secretary $500.00 per month. (i) Rose Crader to Account Clerk II, Range 7, Step B, $500.00 per month. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT ON CITY LANDS ON RIGHT-OF-WAY - File 2-11 City Manager, Dan Andersen reported on the request from the Marin Municipal Water District for the city to accept a continuance of the lessee should we become the landlord of the small parcel of a creek which might be within the boundary of the lands of the water district who is leasing to Jumpin' Bean. Jumpin' Bean is attempting to sub -lease to a restaurant called Mr. Steak. The City Manager reported that in his conversation with the City Attorney that they both concurred that they recommend the council deny any consideration to eliminate any problems that might arise. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to deny the request. Ayes: Co unci]men: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-4 Councilman Miskimen reported that the City Employees Association had contacted him regarding deductions for additional Group Life Insurance Coverage and purchase of Common Stock. Councilman Miskimen recom- mended that the two functions be handled separately, and volunteered to meet with the Employees Associa- tisn to discuss the matter further. The council approved the deductions for this sort of program. RE: DAMAGES TO CITY OR CITY PROPERTY - HUD - File 118 Director of Public Works, Norris Rawles reported on the investigation of receiving money for repair of slides and damage to city property caused by the recent storms. Mr. Rawles informed the council that the area must be designated a disaster area by the Governor and there was no monies available in 1968-69 but there would be some available in 1969-70. RE: LANDSLIDES - File 126 Councilman Barbier informed the council about the slide which brought traffic on Highway 101 at the top of Puerto Suello Hill to a stop. The council felt that some action should be taken to remedy it because if one side of the freeway were blocked there would be no alternate route out of or into San Rafael. City Manager, Dan Andersen reported on conversation with the State Highway Engineers and that any relief would be a least four years away but said that he is working with Supervisor McInnis in the hope that the city can get County backing to put the pressure on the State to have a connecting road to Merrydale Road. Olt ITEMS HELD OVER: (a) License fees and other fees - File 1-2 x 9-10 (b) Business License Study - File 1-2 x 9-10 (c) Municipal Golf Course - File 12-15 All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated March 3rd, 1969, and Advice on Payroll dated March 5th, 1969, and now an file in Finance Office to which reference is hereby made fo,r further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EM PLOYEE RETIREMENT EQUIPMENT & REPLACEMENT FUND STORES FUND CAPITAL IMPROVEMENT PARKING DISTRICT NO. 1 Payroll: GENERAL FUND PARKS FUND LIBRARY FUND Council adjourned to Monday, March 17th, 1969. $ 23,107.70 415.59 1,604.92 725.00 596.82 742.49 1,259.06 240.25 $ 28,691.93 84,682.96 3,447.50 3,361.25 $ 91, 91.71 W. CLIF7bRD CORNWELL, ity Clerk a Approved this 417_K day of MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, March 17th, 1969 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of March 3rd, 1969, a true and correct copy thereof having been heretofore submitted to each member, were approved. RE: COMMENDATION, APPRECIATION AND THANKS - File 102 John Silva, Junior Council of the Marin Chapter of De Molay presented a cake to Mayor Bettini and the members of the council for their services to the City of San Rafael on the 50th Anniversary of De Molay. Mayor Bettini thanked the contingent for their thoughtfulness and looked forward to helping them cele- brate their 51st anniversary. RE: EXTENSION OF MONTECILLO ROAD AND PARK SITE DEVELOPMENT - File 4-1-153 The following bids were received, opened and read: 0. C. Jones and Sons $ 57,527.00 McGuire and Hestor 65,182.80 Brown -Ely Company 53,038.50 Ghilotti Bros. Inc. 65,543.10 Bobo Construction Company 51,039.08 Bresnan-Dalecio Inc. 52,410.46 The above bids were referred to the Public Works Department for their recommendation and report on April the 7th, 1969. RE: SIGNS - UNIFORM BUILDING CODE, VOLUME V - File 125 x 1-6 Public hearing was declared opened. Chief Building Inspector, Jack Coates requested anyone in the audience who wished to speak on the matter, to do so, at this time. There being no one appearing, Mr. Coates advised the council that as far as his knowledge was concerned there was no complaints regarding it, and everyone seemed to be in favor. He did bring to the council's attention a recommendation from the Pacific Telephone and Telegraph which more or less affected them and public utilities, stating he saw some merit in one of the suggestions. The council felt that the code could be amended at a later date, already having been passed to print. CHARTER ORDINANCE NO. 933 - An ordinance amending Title 16 of the San Rafael Municipal Code by amending Chapter 16.04 to adopt by reference the 1967 Edition of the Uniform Building Code, Volume V, Signs with Certain Changes, Additions and Deletions thereto, and repealing Chapters 16.08, 16.12, 16.16 and 16.20, and numbering Charter Ordinance No. 933 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ZONING ORDINANCE AMENDMENTS - File 10-3 Public hearing was declared opened. City Planner, Herbert Hotchner advised the council that the ordi- nances were perfunctory administratibe changes. There being one one appearing either for or against, the hearing was declared closed. An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending Section 14.58.015(b) so as to add "Residential Uses" to the A -P District subject to obtaining a use permit, and numbering Charter Ordinance No. 937 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending Section 14.72.020(b) so as to clarify that where otherwise permitted certain types of uses are not permitted without a use permit, and numbering Charter Ordinance No. 938 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending Section 14.72.020(c) in order to differentiate between accessory uses and accessory structures and to clarify when they are permitted, and numbering Charter Ordinance No. 939 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier,,Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None An ordinance of the City of San Rafael amending Title 14, Zoning, of the Sdn Rafael Municipal Code amend- ing Section 14.72.070 so as to delete a subsection on appeals as appeals are covered elsewhere within Title 14, and so as to renumber the subsequent subsection, and numbering Charter Ordinance No. 940 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code arnend- ing Section 14.76.040(a) so as to clarify the section and permit consideration of a use on persons pass- ing through a neighborhood, and numbering Charter Ordinance No. 941 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL CLASS SPECIFICATIONS - File 7-3-1 Public hearing was declared opened. City Manager, Dan Andersen presented the Personnel Position Classi- fications in the classified service. There being no one appearing for or against, the hearing was de- clared closed. RESOLUTION NO. 3745 - A RESOLUTION ADOPTING THE PERSONNEL CLASS SPECIFICATIONS FOR THE CITY OF SAN RAFAEL. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbirs and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ONE (1) 85 FOOT ARTICULATING ARM - ELEVATING PLATFORM AERIAL TRUCK - File 4-2-79 Results of bid opening which were opened on Wednesday, March 12th, 1969 at 2:00 o'clock P.M. were pre- sented. Fire Chief, Vance Trivett went over the bids with the council. Two bids were submitted for the Articulating Arm, one by P. E. Van Pelt in the amount of $78,853.95 plus sales tax and by thr Crown Coach Corporation in the amount of $83,725.53 plus sales tax. RESOLUTION NO. 3746 - RESOLUTION AWARDING CONTRACT FOR ONE (1) 85 FOOT ARTICULATING ARM - ELEVATING PLATFORM AERIAL TRUCK ( P. E. Van Pelt) Bid No. 1. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 3749 - RESOLUTION AWARDING CONTRACT FOR MISCELLANEOUS EQUIPMENT Exhibit "A"attached hereto and made a part thereof total amounts were: L. N. Curtis and Sons Nelson Fire Equipment Co. Albro Fire Equipment Co. Wardlaw Fire Equipment Western Fire Equipment $ 1,631.40 Tax $81.57 219.68 v 10.99, 1,431.50 71.80 128-50, 6.43 1,002.10 50.24 Total equipment plus tax $ 4,633.84. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ZONING ORDINANCE ADOPTION - CHARTER ORDINANCE NO. 934 - Final Adoption - File 10-3 Text Amendment of Section 14.92.020-1. CHARTER ORDINANCE NO. 934 - An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending Section 14.92.020-1 so as to permit rezoning fees to be set by the City Council, and numbering Charter Ordinance No. 934 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Text Amendment of Section 14.60.020b. CHARTER ORDINANCE NO. 935 - An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending Section 14.60.020b so as to clarify the uses permitted in an unclassi- fied district, and numbering Charter Ordinance No. 935 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettin i Noes: Councilmen: None Absent: Councilmen: None Text Amendment of Section 14.88.010. CHARTER ORDINANCE NO. 936 - An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending the Title of Chapter 14.88 to read "Expiration or Revocation" and by amending Section 14.88.010 so as to make explicit the procedure for setting expiration dates on actions taken by the Planning Commission and numbering Charter Ordinance No. 936 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: 4>U Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PROPOSED IMPROVEMENT - STREET - File 11-15.1 The Council discussed the extension and completion of Manual Freitas Parkway to Sleepy Hollow, City Manager, Dan Andersen was directed to contact the County Administrator and ascertain what the County is doing at this time. RE: SAN RAFAEL CAYES - File 6-19 Director of Public Works, Norris Rawles presented a request from Dan Coleman Associates to extend for one year the time for the levee improvements in the above referred to subdivision. The request was accompanied by an extension of the bond. RESOLUTION NO. 3748 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK. (Extends com- pletion date to and including the 15th day of March , 1970) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: MARIN COUNTY REAL ESTATE BOARD - File 9-5-M Letter from Marin County Real Estate Board informing the council that they had appointed Mr. Gabriel Lehrer of Tamarin Realty Associates as a representative to attend our council meetings and speak on issues that affect home ownership and property rights in our city. Said appointment was noted. RE: GARBAGE AND REFUSE DISPOSAL - File 13-2 Letter from Mrs. Josephine N. Souza regarding pickup of garden clippings at a time when it is no longer legal to burn in backyards. The council felt that when the time comes for re -negotiating the agreement with the Marin Sanitary Service, some arrangement could be negotiated. RE: LICENSES AND PERMITS - File 9-10 Request of the San Rafael Lions Club for the council to waive license fee of $150.00 and the cleanup fee of $500.00 which is required for the showing of said circus. The Lions Club is sponsoring the John A. Strong and Sons Circus on August 28th, 1969 at the Montecito Shopping Center. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to waive the above fees. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LANDSLIDES AND FLOOD DAMAGES - File 126 x 12-9 Director of Public Works, Norris Rawles requested the council to authorize him to act in behalf of the council in applying to the Division of Highways for storm damage funds in the amount of $145,000.00. RESOLUTION NO. 3749 - RESOLUTION TO ACCOMPANY APPLICATION FOR STATE AID UNDER THE EMERGENCY FLOOD RELIEF LAW - Sections 54150-54164 of Government Code. Ayes; Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REQUEST TO PURCHASE CITY PROPERTY - File 2-1-5 x 2-10 Robert A. Roumiguiere addressed the council on the sale of a portion of the Francisco Boulevard property. Mr. Roumiguiere explaire d by diagram the proposed parcels to be sold. One to Mr. Viglienzone, an area of 76,482 square feet for $229,446.00 and to Dexter Toyota Motor Sales with an area of 65,344 square feet in the amount of $196,032.00, and that at the present time there is a possibility that the State will widen the service road to Francisco Boulevard. In the meantime, until that is done, the people purchasing the property would lease the area adjacent to Francisco Boulevard. Vigilienzone would pay $2,261.00 per year, and Dexter would pay $4,627.00 per year. The City would have to move the Sanitary Sewer Pumping Plant, and remove the Corporation Yard. Notice must be given to the present leaseholders to vacate the premises. Mr. Clifford Lund addressed the Council regarding the matter in behalf of the San Rafael Chamber of Commerce, and the downtown businessmen, and urged the council to accept the pro- posal. The council discussed the matter and asked Mr. Roumiguiere various questions. Motion was made by Counci•1•man Miskimen, seconded by Councilman Robbins, to accept the proposal as pre- sented and authorized the City Attorney to draw up the necessary contracts and ordinances. The Mayor and City Clerk were -authorized to sign the contracts. Ayes: Councilmen: Barbier, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: Jensen Absent: Councilmen: None RE: MARIN COUNTY COURT HOUSE - File 124 The City Council discussed the earmarking of the $425,478.00 they would receive from the sale of the Francisco Boulevard property which of course included the Corporation Yard, and the moving of the Cor- poration Yard. The council directed City Manager, Dan Andersen to proceed with the study on the re- location of the yard and use a portion of the money for the purchase of the Court House property to be for resale. The consensus of opinion was that a buyer would rather deal with only one entity instead of two, T21 and since the City of San Rafael controlled the zoning of the property, it was conceivable that it would be to the city's advantage to purchase the property and have full control over it. Motion was made by Councilman Robbins, seconded by Councilman Miskimen, to offer the County $50,000.00 down for a total price of $500,000.00. The remainder of the total price to be paid at the time of the sale, and also that if the price was more than $500,000.00 that the net over and abobe that price would be split between the city and the county on a fifty-fifty basis. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None City Manager, Dan Andersen was directed to contact the County and inform them of the council's action and offer. RE: CLAIM FOR PROPERTY DAMAGES - A. THOMAS PANAGES - File 3-1 Claim from Mr. A. Thomas Panages, #5 Lochinvar Road was presented to the council for property damage done during the reconstruction of San Pedro Road. The damaged experienced is a sudden settling of up to six inches or more on San Pedro Road side of the property. Motion was made by Councilman Robbins, seconded by Councilman Barbier, to deny the claim and refer it to our insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ZONING ORDINANCE AMENDMENT - SECTION 14.44.020(lla) ADDING AMBULANCE SERVICE TO C-2 DISTRICT - File 10-3 The above amendment and the following proposed amendments are recommended by the Planning Commission. Public hearing was set for April 7th, 1969 at 8:00 P.M. Zoning Ordinate Amendment: to add a new section 14.56.025 for those uses requiring a use permit. Zoning Ordinance Amendment: correct errors which were made in the final printing of Ordinance No. 909 on ''Care Facilities''. RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to place Malcolm Marsh as Yard Clerk commencing March 16th, 1969 at the monthly salary of $500.00. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Miskimen, seconded by Councilman Robbins, appointing the City Manager as the Municipal Employee Representative Officer to meet and confer with employee organizations. - File 7-4 x 9-3-11 Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FIRE COMMISSION - File 9-2-5 San Rafael Charter Amendment No. 20 provided for in Section 10 of Article VIII so that members of the commission shall serve a term of office for four years. The terms of office of the members of the com- mission shall be staggered in the manner provided by the resolution of the council. Members of the Com- mission drew lots as to the number of years they would serve with the following results: Commissioner Duff icy, one year - Ghilotti, three years - Barbier, four years - Crane, 4 years., H. Williams, 2 years. RESOLUTION NO. 3750 - RESOLUTION DESIGNATING THE TERMS OF OFFICE FOR THE MEMBERS OF THE SAN RAFAEL FIRE COMMISSION Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The council set April 26th, 1969 at 10:30 A.M.as the time and date for a joint meeting with the Fire Commission. ITEMS HELD OVER: (a) License fees and other fees. - File 1-2 x 9-10 (b) Business License Study - File 1-2 x 9-10 (c) Recreation Building Site. - File 12-15 All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated March 17th, 1969, and Advice on Payroll dated March 20th, 1969, and now on file in Finance office to which reference is hereby made for further particulars: 42J Claims: GENERAL FUND $ 10,765.61 PARKS FUND 591.67 LIBRARY FUND 2,824.27 EMPLOYEE RETIREMENT FUND 17,222.31 STORES FUND 1,074.52 EQUIPMENT & REPLACEMENT FUND 924.52 COP I"TAL IMPROVEMENT FUND 91.45 CAPITAL IMPROVEMENT (Gas Tax) 17,699.97 PARKING DISTRICT NO. 1 FUND 135.18 $ 51,392.50 Payroll: GENERAL FUND $ 78,272.62 PARKS FUND 3,463.50 LIBRARY FUND 3,647.43 Council adjoured. $ 85,383.55 W. CLIFFORD 9ORNWELL, City`6lerk 0 Approved this �� day of 19-. MAYOR OF THE CITY OF SAN RAFAEL r---' In the Council Chambers of the City of San Rafael, April 7th, 1969 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Counci)man Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman 4 Z , J Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of March 17th, 1969, a true and correct copy thereof having been heretofore submitted to each member, were approved. RE: ZONING ORDINANCE AMENDMENT - SECTION 14.44.020(lla) to ADD ''AMBULANCE SERVICE'' - File 10-3 Public hearing was declared opened. City Planner, Herbert Hotchner briefed the council on the proposed amendment to the ordinance. There being no one appearing either for or against, the hearing was declar- ed closed. An ordinance of the City of San Rafael amending Title 14, zoning, of the San Rafael Municipal Code by amending Section 14.44.02011a so as to add ''Ambulance Service" by use permit to the C-2 (General Com- mercial) District, and numbering Charter Ordinance No. 942 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: ZONING ORDINANCE AMENDMENT - TO ADD A NEW SECTION 14.56.025 FOR THOSE USES REQUIRING A USE PERMIT - File 10-3 Public hearing was declared opened. City Planner, Herbert Hotchner briefed the council on the proposed amendment. There being no none appearing either for or against, the hearing was declared closed. An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending Section 14.56.020 in order to add a new section 14.56.025 for those uses requiring a use per- mit, and numbering Charter Ordinance No. 943 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: ZONING ORDINANCE AMENDMENT - TO CORRECT ERRORS WHICH WERE MADE IN THE FINAL PRINTING OF ORDINANCE NO. 909 - File 10-3 Public hearing was declared opened. City Planner, Herbert Hotchner briefed the council informing them that certain errors were made in the final printing of Ordinance No. 909 and that the Independent Jour- nal had agreed to republish same to correct said errors. There being no one appearing either for or against, the hearing was declared closed. An ordinance of the City of San Rafael amending San Rafael Charter Ordinance No. 909 dealing with ''Care Facilities'' to correct by way of deletions, additions, and changes typographical errors that took place in the final printing of said ordinance and to conform said ordinance to that which has been readopted after additional public hearings in corrected form by the Planning Commission and City Council. The corresponding amendments are thereby made to Title 14, Zoning, of the San Rafael Municipal Code, and numbering CharterOrdinance No. 944 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: FRANCISCO BOULEVARD PROPERTY AND COUNTY COURT HOUSE - File 124 x 2 -1 -5 - Dr. Charles W. Aby addressed the council and requested that they reconsider the sale of the San Francisco Boulevard property and rengotiate with the Board of Supervisors for the exchanging of the San Francisco Boulevard property for the Court House property. City Attorney, David Menary, Jr, inform- ed the council that the agreements have been prepared and are in the hands of the attorneys for the prospective purchasers and that there are certain segments that must be negotiated. RE: ZONING ORDINANCE AMENDMENT - AMENDING SECTION 14.58.015(b) - File 10-3 CHARTER ORDINANCE NO. 937 - An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending Section 14.58.015 (b) so as to add ''Residential Uses'' to the A -P District subject to obtaining a use permit, and numbering Charter Ordinance No. 937 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: ZONING ORDINANCE AMENDMENT - AMENDING SECTION 14.72.020(b) - File 10-3 CHARTER ORDINANCE NO. 938 - An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending Section 14.72.020 (b) so as to clarify that where otherwise permitted certain types of uses are not permitted without a use permit, and numbering Charter Ordinance No. 938 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: `f.41± Ayes: Councilmen: Barier, Jensen, Mis imen, Robbins, Jr, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ZONING ORDINANCE AMENDMENT - AMENDING SECTION 14.72.020(c) - File 10-3 CHARTER ORDINANCE NO. 939 - An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending Section 14.72.020 (c) in order to differentiate between accessory uses and accessory structures and to clarify when they are permitted, and numbering Charter Ordinance No. 939 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: ZONING ORDINANCE AMENDMENT - AMENDING SECTION 14.72'.070(b) - File 10-3 CHARTER ORDINANCE NO. 940 - An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code amending Section 14.72.070b so as to delete a subsection on appeals as appeals are covered elsewhere within Title 14, and so as to renumber the subsequent subsection, and numbering Charter Ordinance No. 940 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: ZONING ORDINANCE AMENDMENT - AMENDING SECTION 14.76.o4o(a) - File 10-3 CHARTER ORDINANCE NO. 941 - An ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by amending Section 14.76.040 (a) so as to clarify the section and permit considera- tion of a use on persons passing through a neighborhood, and numbering Charter Ordinance No. 941 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: FREITAS PARK SITE DEVELOPMENT AND EXTENSION OF MONTECILLO ROAD - File 4-1-153 City Manager, Dan Andersen read a report from the Parks and Recreation Commission regarding the plans as previously presented and on which the bids were taken. The Commission recommended that the Underpass re- main as designed for various reasons as stated in their letter. RESOLUTION NO. 3751 - RESOLUTION OF AWARD PF CONTRACT. (Project No. 40-2003 (69.402-1) Extension of Montecillo Road and ark Site Development) - Bobo's Construction Company, Inc. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT BETWEEN CITY AND KAISER FOUNDATION HOSPITALS - File 2-1-29 x 4-1-153 Director of Public Works, Norris Rawles presented an agreement between the City of San Rafael and the Kaiser Foundation Hospitals for the development of the extension of Montecillo Road which provides that Kaiser will pay all the cost of constructing and installing a public sanitary sewer, and the cost of construction and installing a portion of Montecillo Road that is contiguous to its property which is des- cribed on Exhibit ''A''. Director of Public Works estimated that their share will be approximately $12,000.00. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, authorizing the Mayor and City Clerk to sign the agreement as prepared by the City Attorney. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: MONTECILLO ROAD - GRANT DEED OF RIGHT OF WAY FROM KAISER FOUNDATION HOSPITAL - File 2-2 Director of Public Works, Norris Rawles presented a deed from the Kaiser Foundation Hospital for the right-of-way of Montecillo Road. RESOLUTION NO. 3752 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE:- MANUEL T. FREITAS PARK AND MONTECILLO ROAD EXTENSION - File 3 i Director of Public Works, Norris Rawles presented an agreement between the Dixie School District and the City of San Rafael which covers the grant of a slope easement in the construction of the extension of Montecillo Road. RESOLUTION NO. 3753 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Dixie School Dis- trict) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None 4,'D ...r Director of Public Works, Norris Rawles presented a grant of slope and drainage easement from the Dixie School District. The slope easement and drainage easenent required by the construction of the extension of Montecillo Road. RESOLUTION NO. 3754 - RESOLUTION ACCEPTING GRANT OF DRAINAGE AND SLOPE EASEMENT. (Dixie School District) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT, APPLICANT, G. R. MOORE, 242 McNear Drive, Lot 72, Glenwood Forest Unit No. 2 File 2-11 Director of Public Works, Norris Rawles presented an application for an encroachment permit to construct an aggregate concrete filler and planter boxes in the area between the existing curb and sidewalk. Motion was made by Councilman Barbier, seconded by Councilman Robbins, Jr, to grant Encroachment Permit No. 172. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: TERRA LINDA UNIT NO. 23 - REMOVAL OF EXISTING ONE FOOT NON -ACCESS STRIP - File 5-1-173 Request from the Department of Public Works of the County of Marin to remove a one foot non -access strip for the extension of Mahongany Drive to service proposed County Subdivision entitled "Terra Linda Terrace". Said subdivision has been approved by the County of Marin. RESOLUTION NO. 3755 - RESOLUTION REMOVING ONE (1) FOOT NON -ACCESS STRIP AT THE END OF MAHOGANY DRIVE AS SHOWN ON THE SUBDIVISION MAP OF TERRA LINDA UNIT 23. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr, and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: GRANT OF TEN FOOT STORM DRAIN EASEMENT - GRANTOR, J. B. RICE COMPANY - File 2-4 Director of Public Works, Norris Rawles presented a grant deed for a ten foot drainage easement along the northeasterly boundary line of the lands of J. B. Rice Company at 753 Second Street. RESOLUTION NO. 3756 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councildren: None RE: TRAFFIC AND TRAFFIC CONTROL AND PROPOSED IMPROVEMENT OF STREETS - File 11-1 x 15-15.1 Request of Smith & Halen Construction Company, developers for a proposed Senior Citizens Home to be located at the southwest corner of Golen Hinde Blvd., & Los Ranchitos Road for a 10' widening of Golden Hinde Blvd., by approximately 100' in length for delivery and pick-up lane to service the Senior Citizens Home at No. 5 Golden Hinde Blvd. Motion was made by Councilman Barbier, seconded by Councilman Jensen, granting their request. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: AGREEMENT BETWEEN NORTHWESTERN RAILROAD COMPANY AND CITY FOR PLACING OF A FIRE ALARM CIRCUIT THROUGH TUNNEL NO. 4, PUERTO SUELLO HILL - File 4-5-10 Held over to April 21st, 1969. RE: PETITION FOR CREATION OF A MODERN PARK AND RECREATION COMPLEX - File 12-15 Mr. Jack Fern of the San Rafael Swim Club addressed the council regarding the creation of a park and recreation complex which would consist of a 50 -meter swim pool with tennis courts, and all purpose building for use as a Recreation Center. Mr. Fern described the success of the San Rafael Swim Club meets throughout the state. Mr. Carney Campion of MARS (Marin Athletic Recreation Sponsors) spoke on his contacts with other cities in the county, and requested that the city sponsor a complex as above stated by giving it its political support and endorsement in principle. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the council endorse it and direct the Park and Recreation Commission to cooperate in every way possible with Marin Athletic Recrea- tion Sponsors. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: STREET NAME CHANGE - File 11-2 On the Planning Commission's recommendation that portion of Francisco Boulevard which lies between Third Street and Lincoln Avenue the name be changed to Ritter Street and that part which lies between Lincoln Avenue and Second Street be called Second Street. To be effective as of October 7th, 1969. `i Z C) RESOLUTION NO. 3758 - RESOLUTION AFFIRMING THE RECOMMENDATION OF THE PLANNING COMMISSION OF THE CITY OF SAN RAFAEL IN CONNECTION WITH THE RENAMING OF PORTIONS OF FRANCISCO BOULEVARD TO RITTER STREET AND TO SECOND STREET RESPECTIVELY. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR WRONGFUL DEATH OF SON - CAROL FUST - File 3-1 Claim for the wrongful death of son, David Blaine Dills caused by drowning on or about February, 1969 while playing at the Civic Center Lagoon was presented. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to deny the claim and referred to our insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: CLAIM FOR PROPERTY DAMAGE - ALFRED G. SCOTTOLINI. 30 BRET HARTE ROAD - File 3-1 Claim of Alfred G. Scottolini for property damage was presented. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to deny the claim and referred to our insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None Note: claim against the Sanitary District RE: FEE CHARGES BY VARIOUS DEPARTMENTS - File 9 -10.9 - Resolution setting a fee schedule for various departments of the city was held over to meeting of April 21st, 1969. RE: UNDERGROUND UTILITY DISTRICT - (FIFTH AVENUE - LINCOLN AVENUE TO'A'STREE'i) - File 12-18-7 The underground committee recommends that an underground utility district be formed which would include Fifth Avenue from Lincoln Avenue to 'A' Street, and recommends that a public hearing be set on May the 5th, 1969. RESOLUTION NO. 3759 - RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON THAT PORTION OF UNDERGROUND UTILITY DISTRICT, PARCEL #1 AS DESCRIBED IN ORDINANCE 780, SECTION 1. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: PERSONNEL - File 8-14 Request of City Clerk, W. Clifford Cornwell to appropriate from unallocated surplus the amount of $100.00 to Account 1-023-255 to enable the City Clerk to attend the International Institute of City Clerks in St. Louis. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, to authorize the appropriation. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: SAN RAFAEL CANAL - File 12-10 Request from the California Marine Affairs Conference that the City of San Rafael support the efforts and studies made by this conference and their appearances before congressional committees in May, to increase these reduced priorities. The conference has been very helpful to the City in obtaining the Corps of Engineers to dredge the San Rafael Canal. RESOLUTION NO. 3757 - RESOLUTION ENDORSING CALIFORNIA'S NAVIGATIONAL NEEDS AS RECOMMENDED BY THE MARINE AFFAIRS CONFERENCE. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: JOINT POWERS AGREEMENT WITH THE COUNTY OF MARIN FOR THE RECONSTRUCTION OF PT. SAN PEDRO ROAD File 4-13-14 Director of Public Works, Norris Rawles informed the council that the construction work on the San Pedro Road project Phases 1, 2 and 3 will be complete in the next few weeks and preliminary design work is underway on Phase 4, and should be ready for public hearings on or about May or June. Mr. Rawles informec the council that the original agreement as drawn ran to the easterly corporate limits. The County De- partment of Public Works has suggested that if Phase 4 could be terminated between Knight Drive and Pea- cock Drive this would then leave considerable improvement up to the city alone, and thereby suggested that the agreement be extended fromJuly 1st, 1970 to a date which would be financially feasible. The Council authorized the Director of Public Works to contact the County Department of Public Works and work out a feasible date. ITEMS HELD OVER: (a) License Fees and Other Fees - File 1-2 x 9-10 (b) Business License Study - File 1-2 x 9-10 (c) Recreation Building Site - File 12-15 All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated April 7th, 1969, and Advice on Payroll Dated April 4th, 1969, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EQUIPMENT & REPLACEMENT FUND STORES CAPITAL IMPROVEMENT FUND GAS TAX FUND PARKING DISTRICT NO. 1 FUND EMPLOYEES RETIREMENT FUND Payroll: GENERAL FUND PARKS FUND LIBRARY FUND Council adjourned to Monday, April 21st, 1969. $ 38,789.13 1,386.60 2,698.23 2,152.44 352.93 818.97 6,806.35 1,o16.gi 25,241.52 $ 79,263.08 $ 82,948.33 3,463.50 3,586.98 $ 89,998.81 W. CLIFFORD COJ(NWELL, City Clerk 6 Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL r- 426 In the Council Chambers of the City of San Rafael, Monday, April 21st, 1969 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C.Paul Bettin, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of April 7th, 1969, a true and correct copy thereof having been heretofore submitted to each member, were approved. RE: SWEARING IN OF NEWLY ELECTI=D OFFICIALS - File 9-4-1 Mr. Lawrence I. Kramer, Jr., and Paul L. Jones took their Oath of Office as Members of the Board of Ed- ucation and received their Certificate of Election from City Clerk, W. Clifford Cornwell. The City Clerk then gave the oath to: Mayor C. Paul Bettini, Councilman Harry A. Barbier and Councilman Fred C. Robbins, Jr., and presented them with their Certificate of Election. All the above were re-elected at the General Municipal Election held on the 15th day of April, 1969. RE: APPEAL, PLANNING COMMISSION DECISION ON V69-6 AT 279 BUNGALOW AVENUE - File 10-4 Public hearing was declared opened. City Planner, Herbert Hotchner briefed the council on the conditions which exist in the neighborhood., and presented photos substantiating his description, and informed the council on the action taken by .the Planning Commission. Mr. Allan Hock who had received the variance presented reasons why he felt the structure would be an improvement to the neighborhood. Mr. Larry Dubbs, 266 Bungalow Avenue spoke against the architecture, and also presented a diagram which showed the traffic hazard created because of the location of the structure on a blind curve. Mr. Gary David of 278 Bungalow Avenue also spoke on the type of architecture and the traffic hazard as described by Mr. Dubbs. The hearing was continued to May 5th, 1969 at 8:00 o'clock P.M., and City Engineer, Ely Caillouette, Jr. was directed to make an inspection of the premises as far as traffic hazard is concerned and to report to the council. RE: APPEAL, PLANNING COMMISSION DECISION UP68-105 DOG AND CAT KENNEL AT 535 JACOBY STREET - File 10-5 Public hearing was declared opened. City Planner, Herbert Hotchner informed the council that there were two appeals on the above referred to use permit. One by the applicant, Stanley Goldberg and Robert R. Rudholm, appealing the Commission's limit of a five (5) year permit, and also for requirement for street improvements. In addition, an appeal by Quail Hill Inc., and Bonzani, Flocchini and Norwitt opposed the granting of the use permit it its entirety. The City Planner then briefed the council on the location of the site by diagram and reported on other matters which related to appearance, odor and noise level. Albert Bianchi, attorney representing Mr. Goldberg and Mr. Rudholm presented arguments in favor of the use permit and the extension of the five (5) year permit. Hugh Allen, attorney representing Commerce Clearing House and Quail Hill presented arguments against the issuance of the use permit. Councilman Fred Robbins and Councilman Fred Jensen retired from the meeting at 9:37. Mr. Allen continued his pre- sentation with photographs of the flooded area and aerial photos showing the progress of the present fill. He introduced Bob Marquis of Marquis & Stoller, Architects & Engineers who presented a diagram showing the proposed planned area. Carlos Gonzalez, Engineer also added a suggestion as to planning and called the council's attention to the fact that this is adjacent to Highway 17 which is one of the en- trances into San Rafael, and should be planned carefully so that the entrance would be pleasing. John O'Day, attorney representing Bonzani, Flocchini and Norwitt informed the council that his clients were against the use permit. Mr. Dino Ghilotti spoke regarding the zoning of his own property which under the County had been heavy industrial, and now since annexation his zoning was unclassified. Mr. Ghilotti was informed that he should approach the Planning Commission for zoning. Mr. Stan Goldberg spoke in his own behalf in favor of his proposed installation. Numerous others in the audience spoke regarding the grant- ing of the use permit and Mr. Hugh Allen then suggested that they play a tape taken in the street near the San Rafael Animal Hospital. Attorney, Albert Bianchi objected to the running of the tape because it was not certified. Mayor Better ruled that the tape would not be run. Mr. Bill Dobbs associated with Dariel Fitzroy Consulting Acoustical Engineer described different sound levels, and how it was measured and what could be expected from the installation as proposed. The hearing was declared closed. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, that the appeal filed by Quail Hill Inc, and Bonzani, Flocchini and Norwitt be granted and use permit 68-105 as granted by the Planning Commission be denied. Ayes: Councilmen: Barbier, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen and Robbins, Jr. Councilmen Jensen and Robbins returned to the meeting. RE: ZONING ORDINANCE AMENDMENT - TO ADD ''AMBULANCE SERVICE'' - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 942 - An ordinance of the City of San Rafael emending Title 14, Zoning, of the San Rafael Municipal Code by amending Section 14.44.03011a so as to add ''Ambulance Service" by use permit to the C-2 (General Commercial) District, and numbering Charter Ordinance No. 942 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: ZONING ORDINANCE AMENDMENT - TO ADD A NEW SECTION 14.56.025 FOR THOSE USES REQUIRING A USE PERMIT - Final Adopt'uon - File 10-3 CHARTER ORDINANCE NO. 943 - An ordinance of the City of San Rafael amending Title 14, Zoning, of the San 4')U Rafael Municipal Code by amending Section 14.56.020 in order to add a new section 14.56.025 for those uses requiring a use permit, and numbering Charter Ordinance No. 943 was passed and adopted as an ordi- nance 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: ZONING ORDINANCE AMENDMENT - CORRECTING ERRORS IN THE FINAL PRINTING OF ORDINANCE NO. 909 - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 944 - An ordinance of the City of San Rafael amending San Rafael Charter Ordinance No. 909 dealing with ''Care Facilities'' to correct by way of deletions, additions and changes typographi- cal errors that took place in the final printing of said ordinance and to conform said ordinance to that which has been readopted after additional public hearings in corrected form by the Planning Commission and City Council. The corresponding amendments are thereby made to Title 14, Zoning, of the San Rafael Municipal Code, and numbering Charter Ordinance No. 944 was passed and adopted as an ordinance of the City of San Rafael by the following vote, tb-wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RESOLUTION SETTING FEE CHARGES FOR VARIOUS DEPARTMENTS - File 9-10.2 Matter was carried over to May 5th, 1969. RE: AGREEMENT BETWEEN NORTHWESTERN PACIFIC RAILROAD COMPANY AND CITY FOR PLACING OF A FIRE ALARM CIR- CUIT THROUGH TUNNEL NO. 4 PUERTO SUELLO HILL - File 4-5-10 Agreement is not ready for presentation to the council. Held over to May 5th, 1969. RE: CIRCUSES AND CARNIVALS - File 9-10 Mr. Robert Reeves of the Junior Chamber of Commerce requested the use of Albert Park for a carnival on June 7th and 8th for a Louise Boyd Museum Benefit. Park and Recreation Director, Andrem Snyder inform- ed Mr. Reeves that Albert Park was not open for such events. He informed the council that they had per- mission to hold the carnival at Northgate and requested that the council waive the fees. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to waive the license and clean- up fee. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Mr. Reeves was informed that it would be necdssary to pay a fee of $25.00 to the Marin Humane Society providing the carnival had performing animals for the inspection of same. RE: ASPHALTIC PETROLEUM PRODUCTS CASE TO THE OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA - File 3-2- General A request from the office of the Attorney General that the City of San Rafael participate in a treble damage civil antitrust action against certain manufacturers of asphaltic petroleum products used in road building and road maintenance. RESOLUTION NO. 3760 - AUTHORIZING THE ATTORNEY GENERAL OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: UNDERGROUND UTILITY DISTRICT - FIFTH AVENUE FROM LINCOLN AVENUE TO 'A' STREET - NEW STREET LIGHTS - File 12-18-7 Public Works Department requested appropriation of $3,645.00 to pay Pacific Gas and Electric Company for thirteen (13) new street lights after installation in the new undergrounding area. It was suggested that the matter be postponed until after the May 5th hearing. Also that the Public Works Department look for monies not used in some other capital improvement so that it would not necessitate the appropriation. The matter was continued to May 5th, 1969. RE: FREEWAYS AND STATE HIGHWAYS - File 11-16 Director of Public Works, Norris Rawles briefed the council on conversations with the State Division of regarding the Alosing of Rice Street. There had been no action by the State on the city's Resolution No. 3736 requesting that Rice Street b included in the plans for the new viaduct, and informed the coun- cil that the Division of Highways wished approval of the plans as they are ready to call for bids. City Manager, Dan Andersen reported on his efforts with Senator McCarthy and Assemblyman Bagley to have in- cluded in the plans a ramp of some description to make a connection with Rice Street and thought there there was a possibility if the city participated in cost. City Manager suggested that the council pass a resolution authorizing the Mayor and the City Clerk of sign the approval of the new San Rafael viaduct, but to hold approval until the final discussions on the including of some connection were consumated. RESOLUTION NO. 3761 - A RESOLUTION AUTHORIZiNG THE SIGNING OF A LEASE OR AGREEMENT (With the State of California Highway Department approving the plans and specifications of the additional viaduct on Highway 11011. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbirs, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RV MAP OF TERRA LINDA VALLEY - File 5-1-73 Director of Public Works, Norris Rawles presented a resolution which would remove the one (1) foot non- acess strip along the southerly line of Del Presidio Blvd. now called Northgate Drive. RESOLUTION NO. 3762 - RESOLUTION REMOVING ONE (1) FOOT NON -ACCESS STRIP ALONG THE SOUTHERLY SIDE OF NORTHGATE DRIVE. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen:, None RE: RELOCATION OF SANITARY SEWER SYSTEM HIGHWAY 1101' WIDENING PROJECT - File 4-1-149 Director of Public Works, Norris Rawles presented a request for the extension of the completion date of the above referred to project due to inclement weather and other contractors working. RESOLUTION NO. 3763 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. (Extended to and includ- ing the 29th day of June, 1969) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: SALE OF FRANCISCO BOULEVARD PROPERTY - File 2-7 x 2-1-5 City Manager, Dan Andersen gave a verbal report on the progress of the preparation of ordinances and negotiations for the sale of the Francisco Boulevard property and informed the council that the perspective buyers had agreed to purchase all the property and not lease just a portion as formerly proposed, but that the agreements and ordinance had not been prepared, and recommended that it be held over to May 5th. Attorney, James Kennedy addressed the council regarding a proposed new offer and requested that the coun- cil delay the sale for thirty (30) days so that his group would have the opportunity to make a presenta- tion, or put the property up for bids such as a probate sale. Mr. Roumiguiere addressed the council re- ' garding his clients position that they had assumed that they would purchase the property and that they had made certain commitments. Mr. Valarino, attorney for Dexter Toyota Motor Sales addressed the council regarding the final negotiations and that his clients are ready to close upon the preparation of the property ordinance. The council directed City Attorney, David Menary, Jr. to prepare the agreements and ordinance and to restrict the use of the property to new auto sales for fifteen years. The matter was carried forward to May the 5th, 1969. RE: REZONING UNDEVELOPED PARCEL OF LAND ON NORTHGATE DRIVE IMMEDIATELY WEST OF FAITH LUTHERAN CHURCH - COUNTY ASSESSOR'S PARCEL NO. 175-060-13 - File 10-3 Request to rezone from 'U' District to A -P. Date for a public hearing was set for May 5th, 1969. RE: ANIMAL CONTROL - File 13-3 Proposed ordinance controlling animals. Public Hearing set for May 19th, 1969. RE: BUSINESS LICENSE - File 9-10 Public hearing on proposed ordinance set for May 19th, 1969. RE: DRAINAGE AND FLOOD CONTROL AND LANDSLIDES - File 126 x 12-9 Director of Public Works, Norris Rawles presented a resolution authorizing the execution of an applica- tion to file in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Federal Disaster Act. RESOLUTION NO. 3764 - APPLICATION THROUGH THE STATE OF CALIFORNIA FOR FEDERAL FINANCIAL ASSISTANCE UNDER THE FEDERAL DISASTER ACT. Ayes: Councilmen: Barbier, Jensen, Noes: Councilmen: None Absent:Councilmen: None RE: PERSONNEL - File 7-8 Miskimen, Robbins, Jr., and Mayor Bettini Request of the San Rafael Fireman's Association for formal acknowledgement of the association as a re- cognized employee organization as defined in Government Code Section 3501. Motion was madde by Councilman Miskimen, seconded by Councilman Barbier, to recognize the association according to said code. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The matter was referred to City Manager, Dan Andersen as the Municipal Employee Representative Officer. Motion was made by Councilman Barbier, seconded by Councilman Jensen, to place Mark C. Hedeen on the regular payroll commencing April 18th, 1969 as Police Cadet at $390.00 per month, Range 3, Step 1. - File 7-5 Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None `/31 ITEM HELD OVER: (a) Recreation Building Site. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated April 21st, 1969, and Advice on Payroll dated April 18th, 1969, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT FUND EQUIPMENT & REPLACEMENT FUND STORES FUND CAPITAL IMPROVEMENT FUND GAS TAX FUND PARKING DISTRICT #1 FUND Payroll: Council adjourned. GENERAL FUND PARKS FUND LIBRARY FUND $ 14,406.30 199.56 2,871.01 16,994.62 5,473.22 90.17 1,094.43 1,476.33 600.00 $ 43,205.64 77,459.76 3,463.50 3,582.04 $ 84,505.30 W. CLIFFORD/CORNWELL, City Cle 0 Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, May 5th, 1969 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: Fred E. Jensen, Vice -President Harry A. Barbier, Councilman Fred C. Robbins, Jr., Councilman Absent: C. Paul Bettini, Mayor John A. Miskimen, Councilman Motion was made by Councilman Robbins; Jr, and seconded by Councilman Barbier, the minutes of April 21st 1969,a true and correct copy thereto having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - REZONING OF COUNTY ASSESSOR'S PARCEL NO. 175-060-13 FROM "U" DISTRICT TO A -P - INITIATED BY ROBERT H. BUSSE - File 10-3' Public hearing was declared opened. City Planner, Herbert Hotchner briefed the council on the Planning Commission's action. Albert Bianchi,,attorney, spoke in favor of the rezoning. Councilman Miskimen arrived at 8:07 P. M. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14. 12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a "U" (Unclassified) District to an A -P (Administrative -professional) District, and number ing Charter Ordinance No. 945 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Miskimen and Mayor Bettini RE: PUBLIC HEARING - APPEAL PLANNING COMMISSION DECISION ON V69-6 at 279 BUNGALOW AVENUE - File 10-4 Public hearing was declared opened. City Planner, Herbert Hotchner addressed the council reading and illustrating by diagram the report of the City Engineer regarding the traffic situation and his recom- mendations. Gerald H. Joldensmo, 160 Bungalow Avenue presented arguments against the variance. Mr. Wayne Diggs, 1 Perry Walk also spoke against the granting of the variance. The council asked City Planner, Herbert Hotchner what the effect would be on the elevation of the house if it was set back to the required 15 feet. Mr. Hotchner illustrated by the diagram prepared by the City Engineer.. The hear- ing was declared closed. Motion was made by Councilman Robbins to sustain the appeal. The motion failed for the lack of a second. Motion was made by Councilman Barbier, to deny the appeal but to add the condition that it be set back 10 feet, and also with the condition set forth by the City Engineer. The motion was seconded by Council man Miskimen. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - USE PERMIT 69-14 - MRS. J. 0. DEL PRETE - File 10-5 Public hearing was declared opened. Associate Planner, Charles Linthicum briefed the council and by a diagram showed the residents in favor and those against the granting of the use permit. Attorney, James M. Fletcher representing Mrs. Del Prere read his letter which contained 14 pages. Mr. Lee Brand pre- sented a petition in favor of granting the variance which contained approximately 200 signatures more or less. Mrs. Del Prete spoke in her own behalf and described the operation. The President of the Home- owners Association read a letter opposing the granting. Mr. Penick presented a letter from Mrs. Penick' Doctor stating that she suffers from a heart ailment and that she should have qiet for the protection of her health was against the use permit. Mr. Millard also read a statement against it, and Mrs. Millard presented arguments against. Mr. Spongberg, President of the Homeowners Association of Villa Real stated that the Homeowners Association was against granting of the variance because it would create a precedent. Mrs. Herbert Hotchner read a statement against and also Mrs. Walsh. Jim Ring of the Loch Lomond Homeowners Association by telephone poll stated that the association was against the variance. Those who spoke in favor were: Alice Freitas, Joe Koticksey, Joe Andreason, Joan Rinaldi, Mrs. Maglione, Mrs. Benson, Mrs. Gonzalwz, Joseph Stirling, Carolyn Pancelli, Joe Ward, Mrs. Tonellim Mr. Battaglia, Ruth Thorgersen and Mrs. Wolters. Herbert Hotchner quoted requirements to obtain a use permit and pre- sented arguments against its granting. The hearing was declared closed. Councilman Barbier made the motion to uphold the appeal. Motion failed for the lack of a second. Councilman Robbins made the motion to deny the appeal, and was seconded by Councilman Miskimen. Ayes: Councilmen: Miskimen and Robbins, Jr. Noes: Councilmen: Barbier and Jensen Absent: Councilmen: Mayor Bettini The vote was no decision and the action of the Planning Commission stands. RE: SALE OF FRANCISCO BOULEVARD PROPERTY - File 2-7 x 2-1-5 James H. Kennedy, attorney, in behalf of Leon Felton and E. F. Sweeney presented an offer to purchase 43'1 the Francisco Boulevard property at a price of $3.10 per foot of parcels 1, 2 and 3 based on 174,632 square feet, the purchase price would be $541,359.20 and as evidence of their good faith, had deposited with Pacific Coast Title Company of Marin the sum of $10,000.00. City Attorney, David Menary, Jr. briefed the council on retaining the ownership of the pumping plant because it was the belief that the State Highway will take a strip of land which includes the pumping plant for the widening of said high- way. The city would have to relocate the plant and he understood that the Division of Highways was willing to assist in the moving in the sum of $56,000.00. Mr. Richard M. Sangster, 192 Duran Drive addressed the council regarding their method of selling the property and stated he felt the council was leaving themselves open to criticism in the manner in which they were handling the sale of the property. r--� By Motion regularly made, seconded and passed, the matter was continued to May 19th, 1969. RE: UNDERGROUND UTILITY DISTRICT THAT PORTION OF FIFTH AVENUE FROM LINCOLN AVENUE TO ''A" STREET - File 12-18-7 Public hearing was declared opened. Mr. Robert Greene property owner on Fifth Street addressed the coun- cil requesting more information about the area to be undergrounded. Director of Public Works, Norris Rawles explained the boundaries of the district and Larry Biancalana of the Pacific Gas and Electric Com- pany explained that the connection at the house would have to be done by an electrician and the owner would have to dig a ditch and the Pacific Gas and Electric Company would install the wire to the box at no cost. He also informed Mr. Greene that he thought that he was already to be connected to it, and there would be no charge to him. The hearing was declared closed. RESOLUTION NO. 3765 - ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 2. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins,Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini (November 5th, 1969 date set the consumer should be connected to receive the underground service) RE: FIXING FEES UNDER TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (PLANNING DEPARTMENT) - File 9-10.2 City Manager, Dan Andersen presented a resolution fixing the fees of the Planning Department. RESOLUTION NO. 3766 - RESOLUTION FIXING FEES UNDER TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: SALE OF FRANCISCO BOULEVARD PROPERTY - File 2-7 x 2-1-5 Passage of an ordinance selling the Francisco Boulevard property was carried over to May 19th, 1969. RE: FRANCISCO BOULEVARD PROPERTY - CORPORATION YARD - SANITARY SEWER PUMP STATION - File 2-7 x 2-1-5 Copy of the District Administrators summation of the April 23 meeting previously mailed to the council. Action was held over to May 19th, 1969. RE: ECONOMIC OPPORTUNITY COMMISSION - File 13-1 Resignation of Paul Mc Mullen as representative for the City of San Rafael on the above commission was presented. By motion regularly made, seconded and passed was accepted. Vice -President Jensen requested the council to suggest a replacement to be appointed in the near future. RE: WALKWAYS - TERRA LINDA UNIT #9 - File 5-2-31 Residents of Terra Linda Unit Nine (which was annexed to the city) have requested that the walkways in said subdivision be maintained by our Public Works Department. The aforementioned walkways were not accepted by the County, and were not accepted by the City under the annexation which were under the ownership of the subdivider and have now become tax delinquent. The matter was referred to City Manager, Dan Andersen for a report to be presented on May 19th, 1969 on the cost of the purchase from the county. RE: SAN RAFAEL CANAL - BOUNDARY LINE AGREEMENT BETWEEN MARIN YACHT CLUB AND CITY OF SAN RAFAEL - File 2-1-6 City Attorney, David Menary, Jr. presented Recision of Boundary Line Agreement which was entered into in February of 1966, and was recorded February 9th, 1966 in Book 2023, page 265 of Official Records. The recision is recommended because information that the city and the Yacht Club obtained from the public re- cords were erroneous. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, authorizing Vice -President Jensen and City Clerk, W. Clifford Cornwell to sign said agreement. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins,Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: SENIOR CITIZEN - File 123 The council discussed the nomination of the outstanding Senior Citizen of San Rafael for 1969. The matter was referred to the Senior Citizens to recommend to the council such a senior citizen. By motion regularly made, seconded and passed, appointed the person so recommended. The Senior Citizens selected Ernest Blagg, 205 Laurel Place, San Rafael as the outstanding Senior Citizen for 1969. 4;34 RE: MANUEL T. FREITAS PARK AND EXTENSION OF MONTECILLO ROAD - File 2-1-29 x 4-1-153 Director of Public Works, Norris Rawles gave a verbal report on the necessity of the City signing an ;agreement for the construction of a sewer line in Montecillo Road and the furnishing of a bond to ;guarantee the repair and replacement of defective equipment for a period of one year from and after acceptance of the sanitary system by the district. The agreement calls for a deposit by the City of -San .Rafael of $525.00. The sum of $309.00 representing an area charge of 3.09 acres at $100.00 an acre, shall be retained by the district. The remaining $216.00 is to be used by the district to pay for the district engineers charges for examination of plans, and checking of specifications. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, authorizing Vice -President Jensen and City Clerk, W. Clifford Cornwell to sign the agreement and appropriate the amount of $525.00. Ayes: , Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. :Noes: Councilmen: None Absent:Councilmen:Mayor Bettini RE: PARKING AND PARKING LIMITS - File 11-8 .The Traffic Committee recommended that Fourth Street from Tamalpais Avenue to Mary Street be changed from one hour parking limit to two hour parking limit, 9:00 A.M. to 6 P.M. Sundays and Holidays excepted.: RESOLUTION NO. 3767 - A RESOLUTION DESIGNATING AND DESCRIBING TWO (2) HOUR LIMIT PARKING AREAS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. Noes: Councilmen: None Absent:Councilmen: Mayor Bettini Traffic Committee recommended that Fourth Street from Marquard Avenue to Alexander Avenue Planting Area Divider Strip - ''No Parking Anytime''. RESOLUTION NO. 3768 - A RESOLUTION DESIGNATING AIJD DESCRIBING NO PARKING AREA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. Noes: Councilmen: None Absent:Councilmen: Mayor Bettini Traffic Committee recommended that Las Gallinas Avenue & Nova Albion Way - Make three-way ''Stop'' 4th leg is ''Stop'' now on private property. .RESOLUTION NO. 3769 = A RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. Noes: Councilmen: None Absent:Councilmen: Mayor Bettini RE: ABANDONMENT OF PORTION OF NORTHGATE DRIVE - File 3-5-20 Director of Public Works, Norris Rawles recommended that a portion of Northgate Drive which is excess .property due to the new roadway connection to the Holiday Inn development in Terra Linda be abandoned. The developers propose to landscape and maintain it in the future. RESOLUTION NO. 3770 - RESOLUTION OF INTENTION TO ORDER VACATION OF PART OF PUBLIC STREET. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini Publice hearing set for June 2nd, 1969. ;RE: PERSONNEL - BUSINESS LICENSE INSPECTOR - WARRANT COLLECTOR - File 7-3 City Manager, Dan Andersen made a verbal report on the appointment of Carl Selby as Business License .Inspector and Warrant Collector on a trial basis for six months. The six months has expired and he wished to know what the pleasure of the council was. Action postponed to May 19th, 1969. 'RE: ELIGIBILITY LIST FOR POSITION OF GROUNDSMAN - File 7-4 ;Motion was made by Councilman Miskimen, seconded by Councilman Robbins, to adopt the certified eligibility list for Groundsman dated May 1st, 1969. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini Motion was made by Councilman Robbins, seconded by Councilman Barbier, to place on the regular payroll two Groundsman to fill existing vacancies: Remo N. Bettini, Groundsman, 9-A, $525.00 per month effective May 5th, 1969. George R. Emehiser, Groundsman, 9-A, $525.00 per month effective May 5th, 1969. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini q 6 J Personnel Officer requested a Sweeper Operator be hired beginning May 16th, 1969. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, to hire William L. Watson, Sweeper Operator, Range 12-A, $608.00 per month effective May 16th, 1969. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini City Manager, Dan Andersen brought the council's attention that the Chief and Deputy Chief of the Police Department had been on their job for thirty years. RESOLUTION NO. 3771 - RESOLUTION OF COMMENDATION - Charles J. Chiesa Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RESOLUTION NO. 3772 - RESOLUTION OF COMMENDATION - Joseph Brusatori Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini ITEM HELD OVER: (a) Recreation Building Site - File 12-15 All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated May 5th, 1969, and Advice on Payroll dated May 5th, 1969, and now on file in Finance Office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 23,454.05 PARKS FUND 398.81 LIBRARY FUND 2,247.56 EQUIPMENT & REPLACEMENT FUND 2,438.92 STORES FUND 33.09 CAPITAL IMPROVEMENT FUND 293.31 GAS TAX FUND 14,381.02 PARKING DISTRICT NO. 1 FUND 455.42 TOTAL OF ALL FUNDS $ 43,702.18 Payroll: GENERAL FUND $ 84,024.76 PARKS FUND 3,560.42 LIBRARY FUND 3,630.01 TOTAL OF ALL FUNDS $ 91.215.19 Council adjourned to Monday, May 19th, 1969. W. CL/FFORD CORNWELL, 'C,�ty Clerk 0 Approved this day of 911,Z 19�. MAYOR OF THE CITY OF SAN RAFAEL 4;3tj In the Council Chambers of the City of San Rafael, Monday, May 19th, 1969 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Motion was made by Councilman Barbier, seconded by Councilman Jensen, the minutes of May 5th, 1969, a true and correct copy thereto having been heretofore submitted to each member, were approved. RE: BUSINESS LICENSE - File 9-10 Public hearing was declared opened. City Manager, Dan Andersen briefed the Council on the proposed business license ordinance. Larry Biancalana, Chamber Vice President,addressed the council and report that chamber directors agreed that revisions to the ordinance are due, but felt that there should be a meeting of chamber and city representatives on the proposed revisions. The council authorized City manager, Dan Andersen,to work with the chamber and report back by October 15th, and said a revised fee schedule would become effective January 1st., 1970. Public hearing was declared closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to postpone adoption of the ordinance. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ANIMAL CONTROL - File 13-3 Public hearing was declared opened. City Manager, Dan Andersen, briefed the council on the proposed ordinance controlling animals.. Mr. John H. Shiner, President of the Peacock Gap Homeowners Association, and Hoyt Howlett, Principal of -Laurel Dell Intermediate and Primary Schools, also addressed the council. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to adopt the ordinance. An ordinance of the Council of.the City of San Rafael amending the Animal Control Ordinance, and numbering Charter Ordinance No.. 946 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: APPEAL PLANNING COMMISSION DECISION ON UP69-26 AND AA 69-29 (40 UNIT APARTMENT, 237 PICNIC AVENUE - File 10-5 Public hearing was declared opened.. City Planner, Herbert Hotchner, briefed the council and illus- trated by a diagram. About sixty residents were in attendance and 10 spoke in opposition to the apartments, contending they weren't appropriate to the residential area, would create traffic problems on the narrow streets and flooding problems and would be a detriment to the area. Edward T. Ghirardo, one of the partners in Picnic Hill Properties, said the proposed development was in accord with existing zoning on the property. Hoyt Howlett, Principal of Laurel Dell Intermediate and Primary Schools, urged the council to consider the impact the apartment would have on the schools in tha San Rafael Elementary School District. Mr. Richard H. Katerndahl presented petitions carrying 234 signatures opposing the apartments and asking that the property be rezoned to a lower density. Councilman Miskimen said the council should consider rezoning properties which the Planning Director and Planning Commission think are improperly zoned, and establishing zoning on areas now unclassified. The council agreed to discuss rezoning at the June 2nd, meeting. Public hearing was declared closed. Motion was made by Councilman Barbier, seconded by Councilman Jensen, to sustain the appeal and overrule the Planning Commission's decision. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 945 - REZONING OF COUNTY ASSESSOR"S PARCEL NO. 175-060-13 FROM "U" (UNCLASSI- FIED) DISTRICT TO AN A -P ADMINISTRATIVE PROFESSIONAL) DISTRICT - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 945 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Numicipal Code of San Rafael, California, so as to reclassify certain real property from a "U" (Unclassified) District to an A -P (Administrative-Professiona District, and numbering Charter Ordinance No. 945 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: ECONOMIC OPPORTUNITY COMMISSION - File 13-1 Appointment of representative to Office of Economic Opportunities was held over for two weeks. RE: APPOINTMENT OF LIBRARY BOARD MEMBER - File 9-2-3 Motion was made by Councilman Barbier, seconded by Councilman Jensen, to re -appoint Philip Brown and 09 and Ella May Minneman to the Library Board for four years. (Term expired April 1st., 1969) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SALE OF FRANCISCO BOULEVARD PROPERTY - File 2-7 x 2-1-5 City Manager, Dan Andersen, addressed the council and reported that the offer made by Attorney James Kennedy in behalf of Leon Felton and E.F. Sweeney had been withdrawn. City Attorney, David Menary, Jr., briefed the council on the agreements between Viglienzone and Dexter for the sale of the property. An ordinance providing for the sale and conveyance of public real property to Hercules Virlienzone, and numbering Charter Ordinance No. 947 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: Jensen Absent: Councilmen: None An ordinance providing for the sale and conveyance of public real property to George H. Dexter,Jr., and Geraldine Dexter, and numbering Charter Ordinance No. 948 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: Jensen Absent: Councilmen: None WALKWAYS - TERRA LINDA UNIT NO. 9 - File 5-2-31 City Manger, er, Dan Andersen, addressed the council and reported on walkways in Terra Linda Unit No. 9. Motion was made by Councilman Miskimen, seconded by Councilman Jensen, to purchase a walkway in Terra Linda Unit No. 9, about two blocks long, which the county has offered for sale for $10.00 and the costs of advertising the sale. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARK - EAST CANAL AREA - File 12-15 x 101 Parks and Recreation Director Andrew Snyder Addressed the council and reported that they had received a petition with 300 signatures from residents of the East Canal Area for Development of a neighborhood Park. Mr. Leonard R. Williams, representative of the Bahia Vista PTA and resident of the canal area addressed the council and reported the need for a neighborhood park. Motion was made by Councilman Barbier, seconded by Councilman Robbins, to refer the matter to the Parks and Recreation Commission for site study. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RECREATION FOR 1968-1969 CONTRACT BETWEEN SAN RAFAEL ELEMENTARY SCHOOL DISTRICT, SAN RAFAEL HIGH SCHOOL DISTRICT AND CITY - File 4-7-1 Approved a contract whereby the city will receive $24,471 from the San Rafael Elementary and High School Districts for the cooperative recreation program during 1968-69. Motion was made by Councilman Jensen, seconded by Councilman Barbier, authorizing the Mayor and the City Clerk to sign the contract. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes; Councilmen: None Absent: Councilmen: None RE: COVENANT RUNNING WITH LAND - MARIN COUNTY HUMANE SOCIETY (ASSESSOR'S PARCEL NO. 14-093-06) File 4-11-36 City Planner, Herbert Hotchner, briefed the council and illustrated by a map a proposed covenant running with the land of George F. Lefevre and Irene V. Lefevre. Motion was made by Councilman Jensen,seconded by Councilman Barbier, authorizing the Mayor and City Clerk to sign said covenant. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SENIOR CITIZENS RECREATION BUILDING - CONSIDERATION OF ARCHITECT - File 12-15 The council renewed discussion about the possibility of constructing a center for youth and senior citizens and a new central fire station at Albert Field, near the entrance at Albert Lane. City Manager, Dan Andersen, was authorized to negotiate with architect Robert W. F. Severin of San Rafael for a preliminary report on the feasibility of using the site and the feasibility of moving the property 4 ;J b at the rear of its present location on Francisco Boulevard. Councilman Robbins, Jr., dissented, objecting to the procedure, and contending that the city should be open to proposals from other architects. Mr. Robert Severin addressed the council and spoke. The council agreed to tour the proposed site at Albert Field and the unsold portion of the corporation yard property starting from city hall at 10:00 a.m. June 7th. Motion was made by Councilman Jensen, seconded by Councilman Barbier, authorizing City Manager, Dan Andersen, to negotiate with Mr. Robert Severin to determine the preliminary plans. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor-Bettini Noes: Councilmen: Robbins, Jr. Absent: Councilmen: None RE: ENCROACHMENT PERMIT N( 173 - R. E. NOLAN & SON - 340 EMAN DRIVE - File 2-11 Director of Public Works, Norris Rawles, presented an application for an encroachment permit to constru a house at 340 Coleman Drive on a downsloped lot. Driveway connection will require reinforced concrete wing -walls to contain fill between retaining wall at property line and the edge of pavement. Motion was made by Councilman Barbier, seconded by Councilman Jensen, to grant Encroachment Permit No. 173. Ayes: Councilmen: Barbier, Jensen, Miskimen; Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None : ENCROACHMENT PERMIT NO. 174 - J. MOUCHKA - 5 MAYWOOD - File 2-11 Director of Public Works, Norris Rawles presented an application or an encroachment permit to construct house at 55 Maywood, a downsloped lot. Driveway connection will require reinforced concrete wing -walls to contain fill material between retaining wall at property line and the cak of sidewalk. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to grant Encroachment Permit No. 174. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RESOLUTION ACCEPTING GRANT OF 10' EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN - File 2-4 Public Works Department recommends council adopt resolution accepting grant of 10' easement for construction and maintenance of storm drain. Existing storm drain between railroad tracks and north side of DuBois Street, on property of McPhail's Inc., was never originally dedicated to or accepted by the City. RESOLUTION NO. 3773 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT (McPhail's) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CONSTRUCTION OF NORTHGATE NORTH INTERCEPTING SEWER WITHIN EXISTING DRAINAGE AND PUBLIC UTILITIES EASEMENT - File 4-10 Granted the Las Gallinas Valley Sanitary District permission to construct 280 feet of 12" sewer line with existing easement so as to reduce construction costs of the District. Department of Public Works recommends approval with necessary Agreement and Bond and Inspection Fees payable to City of San Rafael. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to permit the Las Gallinas Valley Sanitary District to construct a sewer easement within the existing drainage and public utilities easement. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REZONING - NORTHERLY PORTIONS OF COUNTY ASSESSOR"S PARCELS 10-282-10 & 11 - File 10-3 From C-2 (General Commerical) District to R-1 (Single Family Residential) District. Initiated by owner, Gary Graf. Public hearing set for June 2nd., 1969. RE: REZONING - COUNTY ASSESSOR'S PARCELS 179-261-67, 68, & 69 - OAKMONT DRIVE AND OAKMONT COURT - File 10-3 From "U" (Unclassified) District to R-1 (Single Family Residential) District. Initiated by George Vultoka and Charles Grandi, owners. Public hearing set for June 2nd., 1969. RE: ZONING TEXT AMENDMENT - PERMIT CITY CLERK TO SET DATES FOR PUBLIC HEARINGS - File 10-3 Section 14.92.020(a) to clarify section and to permit the City Clerk to set dates for public hearings of the City Council on text and map amendments to Title 14. 43!3 Public hearing set for June 2nd., 1969. RE: REZONING 42 GROVE STREET BOUNTY ASSESSOR'S PARCEL 12-221-05), a 2.31 ACRE PARCEL - File 10-3 From R -3-G (Garden Aprtment) District to R -3 -B -D (15) (multiple residential 1,500 square feet of land area per unit) District. Initiated by Mr. and Mrs. Arnold Leonard, owners. Public hearing set for June 2nd., 1969. RE: BAY PARKS - File 12-15 Request from the Marin County Board of Supervisors to support acquisition of bay front parks along San Pablo and San Francisco bays for Marin residents was noted. RE: SCHOOL CROSSINGS - File 11-17 Request from Mrs. Theodore A. Martin, President of the West End School Parent-Teacher Association for a crossing guard at Fourth and "H" Streets, and a walk -light at Fifth Avenue and "H" Street, and a letter from Mrs. Eileen Robinson requesting the crossing guard was presented. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to refer the matter to the Traffic Safety Committee. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BUSINESS LICENSE INSPECTOR - WARRANT COLLECTOR - File 7-3 Motion was made by Councilman Barbier, seconded by Councilman Jensen, appointing former Police Sgt. Carl Selby as City License and Warrant Collector at $815.00 a month. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Jensen, appointing John Riordan as Police Sergeant at $856.00 a month. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EMPLOYEE ASSOCIATIONS AND ORGANIZATIONS - File 7-8 Request from the San Rafael City Employees Association that the association be recognized for the purpose of consolidation on annual salary and fringe benefits. The matter was referred to the Municipal Employee Relations Officer, Dan Andersen. RE: FREEWAYS AND STATE HIGHWAYS - File 1-1-16 Accepted the Deed to 2,300 square feet of land at the southwest corner of Second and Irwin Streets, purchased from the State at a cost of $2,500. RESOLUTION NO. 3774 - RESOLUTION ACCEPTING DEED STATE DIVISION OF HIGHWAYS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Councilman Miskimen retired from the meeting at 11:35 p.m. RE: ANNEXATIONS - MISKIMEN - File 5-2 Approved Miskimen Annexation at 185 Oak Drive, Bayside Acres, which was approved by the Marin County Local Agency Formation Commission. RESOLUTION NO. 3775 - RESOLUTION APPROVING ANNEXATION TO THE CITY OF SAN RAFAEL OF UNINHABITED TERRITORY LYING ADJACENT THERETO DESIGNATED AS "MISKIMEN ANNEXATION". Ayes: Councilmen:Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen Councilman Miskimen returned to the meeting at 11:40 p.m. RE: PLANNING FEES - File 9-10.2 Revised its new fee schedule for Planning Department services to eliminate the charges for appealing decisions of the Planning Director or Planning Commission, agreeing that residents should have the right to appeal without paying any money, despite the costs generated by the appeal. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as 14 4 U appears from the Advice on Warrants dated May 19th., 1969, and Advice on Payroll dated May 20th., 1 and now on file in Finance office to which reference is hereby made for further particulars; Claims; GENERAL FUND PARKS FUND LIBRARY FUND RETIREMENT FUND EQUIPMENT & REPLACEMENT FUND STORES FUND CAPITAL IMPROVEMENT FUND Payroll; Council adjourned. GENERAL FUND PARKS FUND LIBRARY FUND $ 9,804.97 1,210.09 1,069.11 16,968.34 .1,622.66 300.00 830.96 $ 31,806.13 $ 76,732.40 3,419.07 3,631.18 $ 83,782.65 W. CLIFFORD CORNWELL, City Clerk By RENEE J. BURDISS eputy City Clerk Approved 6 P P this s day of 19 9 . C � ✓ .�� -lir-f�C MAYOR OF THE CITY OF AN RAFAEL ftn'n'r RESOLUTION NO. 3781 - RESOLUTION FIXING FEES UNDER TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE. CORRECTED RESOLUTION 3766. 441 In the Council Chambers of the City of San Rafael, Monday, June 2, 1969, at 8:00 o'clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Fred C. Robbins,.Councilman Absent: John A. Miskimen, Councilman RE: APPROVAL OF MINUTES Motion was made by Councilman Jensen, Seconded by Councilman Barbier, the minutes of May 19, 1969, a true and correct copy thereto having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - ABANDONMENT OF A PORTION OF NORTHGATE DRIVE - File 3-5-20 Public hearing was declared opened. Supervisor of Public works, Norris Rawles, informed the council that the applicant had requested that the hearing be continued to June 16, 1969. Mayor Bettini continued the hearing to June 16, 1969. RE: PUBLIC HEARING - REZONING NORTHERLY PORTION OF PARCELS 10-282-10 &. 11, FROM C2 TO RI - INITIATED BY GARY GRAF - File 10-3 Public hearing was declared opened. City Planner, Herbert Hotchner, briefed the council on the action of the Planning Commission. There being no one appearing either for or against, the hearing was declared closed. An ordinance amending the zoning map of the City of San Rafael, California , and numbering Charter Ordinance No. 949 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PUBLIC HEARING - REZONING PARCELS 179-261-67, 68, &. 69 - VICINITY OF OAKMONT DRIVE AND COURT FROM U TO RI - BY CHARLES GRAND}' - File 10-3 Public hearing was declared opened. City Planner, Herbert Hotchner, briefed the council on the action of the Planning Commission. There being no one appearing either for or against, the hearing was declared closed. An ordinance amending the zoning map of the City of San Rafael, California, and numbering Charter Ordinance No. 950 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PUBLIC HEARING - ZONING TEXT AMENDMENT TO SECTION 14.92.020 (a) PERMITTING THE CITY CLERK TO SET DATES FOR PUBLIC HEARINGS OF THE CITY COUNCIL ON TEXT AND MAP. AMENDMENTS TO TITLE 14 -File 10-3 Public hearing was declared opened. Herbert Hotchner briefed the council on the reasons for the text amendment. There being no one appearing either for or against, the hearing was declared closed. An ordinance of the City of San Rafael amending Title 14, zoning, and numbering Charter Ordinance No. 951 was read, introduced , and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen Robbins, Jr., and Mayor Bettini Noeslz Councilmen: None Absent: Councilmen: Miskimen RE: PUBLIC HEARING - REZONING AT 42 GROVE STREET, PARCEL 12-221-05 FROM R -3-G DISTRICT TO R3 -B -D (15) MULTIPLE RESIDENTIAL - INITIATED BY MR. & MRS. ARNOLD LEONHARD - File 10-3 Public hearing was declared opened. City Planner, Herbert Hotchner, briefed the council on the Planning Commissions action and illustrated by diagram the site proposed to be rezoned. Mr. Edward Hagerman, as a house designer, spoke in favor of the propsed rezoning and its added attraction to the vicinity. Owner, 11r. Arnold Leonhard, presented arguments in favor of the rezoning and also illustrated, on the diagram, where the buildings would be located. Mr. Dave Fife, attorney, having previously presented a petition against the rezoning with signatures of owners living on Grove Street and the immediate vicinity, addressed the council and presented arguments against the rezoning. The hearing was declared closed. Motion was made by Councilman Barbier, seconded by Councilman Jensen, that the request for rezoning be denied. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PUBLIC HEARING ON AN APPEAL OF THE PLANNING COMMISSION DECISION ON VARIANCE V69-9 - 244 Humbolt- SANFORD L. HARRIS JR. - File 10-4 10H, Councilman Robbins, Jr. requested permission to leave the meeting. His request was granted by Mayor Bettini. The hearing was declared opened. Councilman Jensen suggested it be referred back to the Planning Commission to be reviewed and that the hearing be continued to June 16, 1969, and at that time the Planning Commission would have submitted their recommendations. The hearing was continued to June 16, 1969. Councilman Robbins, Jr., returned to the meeting. RE: CONTRACT WITH COUNTY OF MARIN FOR COMMUNICATION SERVICE - File 4-13-1 Mr. Daniel Dufficy addressed the council regarding the county dis-continuing their servicing of the communications center which would effect the City of San Rafael as the city contracts with the county for the maintainance of our equipment. He informed the council that the county was thinking of contracting with a private firm and he feared thatthe cost of servicing our equipment would go up. The City Manager, Dan Andersen, was directed to attend the supervisors meeting on Tuesday, the 3rd., and ask that they postpone any action for at least two weeks. RE: ECONOMIC OPPORTUNITY COMMISSION - File 13-1 tlayor Bettini asked City Manger, Dan Andersen, if he had recieved any applications for the City's Appo;i,nt,ive Member of t_he above commission. The answer was no. Mr. Robert Roumiguiere suggested the council appoint Mr. -Steele Holman as a respresentative of San Rafael. The matter was held over to the meeting of June 16, 1969. RE: ANIMAL CONTROL - File 13-3 CHARTER ORDINANCE NO. 946 - An ordinance of the Council of the City of San Rafael amending the Animal Control Ordinance 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: SALE OF FRANCISCO BOULEVARD PROPERTY - File 2-7 x 2-1-5 I CHARTER ORDINANCE IVO. 947 - An ordinance providng for the sale and conveyance of a portion of public real property to Hercules Viglienzone was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Robbins, Jr., and Mayor Bettini Noes: Councilmen: Jensen Absent: Councilmen: Miskimen CHARTER ORDINANCE NO. 948 - An ordinance proving for the sa]e and conveyance of a portion of public real property to George H. Dexter, Jr., and Geraldine Dexter was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Robbins, Jr., and Mayor Bettini Noes: Councilmen: Jensen Absent: Councilmen: Miskimen RE: TRAFFIC SIGNAL INSTALLATION - PROJECT 41-2015 (69.307-2) - File 4-1-154 Public Works Director, Norris Rawles, presented the plans and specifications and directing call for bids for traffic signals to be installed at Fifth Avenue and "C" Streets, Fifth Avenue & ''E" Streets, Fourth & "C" Streets, and Third and Lindaro Streets. He explained the type of signal that would be installed. RESOLUTION NO. 3776 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 41-2015 (69.307-2) TRAFFIC SIGNAL INSTALLATIONS. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: RESURFACING OF STREETS (VARIOUS LOCATIONS) - PROJECT 41-2001 (69.116-3) - File 4-1-155 Supervisor of Public Works briefed the council on the location of the various streets proposed to be overlayed. RESOLUTION N0. 3778 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 41-2001 (69.116-3) RESURFACING OF EXISTING STREETS. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: AGREEMENT TO MAINTAIN TRAFFIC SIGNALS AND ISLAND WORK. MANUEL T. FREITAS PARKWAY AND NORTHGATE DRIVE - File 4-10-44 The supervisor of Public Works, Norris Rawles, presented an agreement, together with the necessary 7� 443 bond, for the maintainance of traffic signals and island modifications at the intersection of Northgate Drive and Manuel T. Freitas Parkway with the G.I.F. Property Inc. Developers of the Holiday Inn. RESOLUTION NO. 3779 - 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: GRANT OF SEWER EASEMENT - File 2-3 Public Works Department presented a deed for a right-of-way for maintainance of sanitary sewer from a 4 -lot sub -division off Grand Avenue informing the council that the installation of said sewerline had been inspected by the City. RESOLUTION NO. 3780 - A RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: REQUEST TO REZONE PROPERTY AT 237 PICNIC AVENUE - ASSESSORS PARCEL 13-101-05 FROM R-3BD TO A ZONING DENSITY MORE IN KEEPING WITH THE CHARACTER OF THE NEIGHBORHOOD - File 10-1 x_/ - S A petition was presented requesting the rezoning of the above referred -to property. Said petition of 19 pages contained 327 signers, 148 owners, and 57 renters. The council discussed the petition. Councilman Jensen suggested that the matter be referred to the Planning Commission to be reviewed and recommendation made to the council and that in the meantime, the Planning Commission would not issue any permit or approval until the recommendation had been made. RESOLUTION NO. 3777 - RESOLUTION DIRECTING THAT NO PERM,iTS OR ARCHITECTURAL APPROVAL BE GRANTED FOR OR IN CONNECTION WITH THAT CERTAIN REAL PROPERTY COMMONLY KNOWN AS 237 PICKIC AVENUE, SAN RAFAEL, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: CORPORATION YARD - FIRE STATION & PARK & RECREATION FACILITIES _ PROPOSAL OF ROBERT SEVERIN, ARCHITECT - File 12-3, 12-15, and 12-4 The council discussed the proposal of Robert Severin, architect, to develop preliminary site studies for a corporation yard, a community service recreation building, and a fire station. The council decided to invite Mr. Severin on a tour of the sites available at the present time at to:00 on Saturday, June 7, 1969. RE: REQUEST FOR REZONING - COUNTY ASSESSORS PARCELS 10-061-08 & 10 AT 2206 FIFTH AVENUE, HUMBOLT & CALIFORNIA - INITIATED BY MR. & MRES. JOSEPH GIOMI - File 10-3 Public hearing was set for June 16, 1969. RE: PARK & RECREATION COMMISSION - File 9-2-4 The resignation of Howard L. Simon from the Park & Recreation Commission, due to his leaving San Rafael, was received. Motion was made by Councilman Jensen, and seconded by Councilman Barbier, to accept Mr. Simon's resignation with commendation andregrets. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen Motion was made by Councilman Jensen, and seconded by Councilman Barbier, to appoint Councilman Robbins, Jr., to fill the unexpired term of Howard L. Simon on the Recreation Commission. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PERSONNEL - File 7-5 Motion made by Councilman Jensen, seconded by Councilman Barbier, to place Robert R. Sprague on the regular payroll as a Groundsman effective May 19, 1969, at the monthly salary of $525.00, Range 9-A to fill existing vacancy. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen Motion was made by Councilman Jensen, seconded by Councilman Barbier, to place Phillip Thompson on the regular payroll as a Patrolman effective June 9, 1969, at a salary of $670.00, Range 14 - Step A. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen 444 RE: COURT HOUSE SQUARE - File 124 City Manager, Dan Andersen, remi)ded the members of the council that they were to meet with the Board of Supervisors regarding the Court House Square on June 9, 1969. RE: JOINT POWERS AGREEMENT WITH THE COUNTY OF MARIN ON PT. SAN PEDRO ROAD - File 4-13-14 Supervisor of Public Works, Norris Rawles, called the council's attention to the fact that the County Administrator had cut the recommended budget of the county public works director on the next phase of the improvement of Pt. San Pedro Road, and was afraid that it was the county's intention, now that the road had been completed through the county area, to drop further improvement which would be in the City of San Rafael. Council authorized Public Works Director, Norris Rawles, to attend meetings on the Public Works budget of the county. RE: REZONE PROPERTY AT 237 PICNIC AVENUE - PARCEL NO. 13-101-05 - File 10 Mr. Edward T. Ghirardo addressed the council regarding new construction plans that he had submitted to the Planning staff and requested that if the Planning Commission in their deliberation decided to keep the zoning the same, that they at the same time, act on the plans. City Planner, Herbert Hotchner, informed the council that the plans had not been submitted in time for being placed on the agenda and it was his decision that they were inadequate and as a result, the matter would not be placed on the Planning Commission's agenda until the June 24, 1969, meeting and that in the meantime, the staff and the commission would submit their recommendation on the zoning of the above referred to Parcel. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated June 2, 1969, and Advice on Payroll dated June 5, 1969, and now on file in Finance office to which reference is hereby made or further particulars: Claims: GENERAL FUND $ 25,009.99 PARKS FUND 703.60 LIBRARY FUND 3,924.11 EQUIPMENT & REPLACEMENT FU14D 3,019.88 STORES FUND 99.11 CAPITAL IMPROVEMENT FUND 8,287.55 PARKING DISTRICT #ONE FUND 1,101.81 $ 42,146.05 Payroll: GENERAL FUND $ 82,848.83 PARKS FUND 3,489.50 LIBRARY FUND 3,618.13 Council adjourned. W. CLIFFjORD CORNWELL, Cit Clerk Approved thisfo?►day of 1969. MAYOR OF THE CITY OF SAN RAFAEL i_J In the Council Chambers of the City of San Rafael, Monday. June 16th., 1969, at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Absent: Fred E. Jensen, Councilman 445 Motion was made by Councilman Barbier, seconded by Councilman Miskimen, the minutes of June 2nd., 1969, a true and correct copy thereto having been heretofore submitted to each member, were approved. RE: BID OPENING OF RESURFACING OF STREETS - PROJECT 41-2001 (69.116-3) - File 4-1-155 The following bids were received, opened, and read: Reickhold & Jurkovich 3899 Santa Rosa Avenue $ 46,830., Sresman - Salecic, Inc. 11 Jacoby Street 44,070.00 Brown - Ely Co. Const. 45 Sir Francis Blvd. East 44,117.50 Ghilotti Bros., Inc. 525 Jacoby Street 37,124.00 Ford Construction Co. 7 Ignacio Lane 43,280.00 RESOLUTION NO. 3782 - AWARD OF CONTRACT (GHILOTTI BROS. INC.) Ayes: Councilmen: Barbier, Miskiman, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RE: PUBLIC HEARING - REZONING - COUNTY ASSESSOR"S PARCEL 10.061.08 & 10 AT 2206 FIFTH AVENUE - 1 FJ 1 T ATED. BY MR. r i ii; + , ' - "'- ` 4 _. Mayor Bettini noted that Mr. & Mrs. Giomi had withdrawn their application for rezoning #Z69-19. No action. RE: PUBLIC HEARING - ABANDONMENT OF A PORTION OF NORTHGATE DRIVE -_File 3-5-20 Public hearing was 'e-lared opened. Public Works Director, Norris Rawles, briefed the council on the change of the description of that portion to be abandoned. The reason being that the land abandoned would revert to the original owner, and if the portion as proposed be abandoned then Northgate Drive would be encroaching on private property. The description has been altered and the portion described is smaller than that which was previously proposed to be-abanc'cned. The opinion of the City Attorney was that this could be continued as long as the d=�[:ri;ticL;.:ras not larger than that previously propos,-,d. There being no one either appearing for or against the abandonment, the hearing was declared closed. RESOLUTION NO. 3783 - RESOLUTION ABANDONING A PORTION OF NORTHGATE DRIVE. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen Councilman Robbins, Jr., requested permission to leave the meeting. His request was granted by Mayor Bettini. RE: PUBLIC HEARING - APPEAL OF PLANN'NG COMMISSION DECISION ON VARIANCE V69-9 - 244 HUMBOLT - SANFORD L. HARRIS JR. - File 10-4 Public hearing was declared opened. Charles Linthicum, Senior Planner, briefed the council on the action of the Planning Commission and stated that on the review of additional Facts, Fey then granted the Variance 69-9. Mr. Layn Fyile presented arguments in favor of Vhe c,ranting, Mr. Harris spoke in his own behalf, and Charles F. Summers also spoke and presented arguments in granting the appeal. The hearing was declared closed. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to grant the appeal. Ayes: Councilmen: Barbier, Miskimen, and Ma,or Be t-'-�ni Foes: Councilmen: None Absent: Councilmen: Jensen & Robbins, Jr. Councilman Robbins, Jr., returned to the +ureting RE: PARKING AND PARKING LIMITS = CITY STREETS - File 11-8 Mr. Harold Barling addressed the council on the inforcement of the overnight parking in San Rafael, and was informed by City Manager, Dan Andersen, that the Traffic Committee was reviewing the ordinance and expected to present some recommendations to the council in the near future. "J4 . 44b RE: REZONING - NORTHERLY PORTIONS OF COUNTY ASSESSOR'S PARCELS 10-282-10 & 11 - File 10-3 CHARTER ORDINANCE NO. 949 - An ordinance of the Council of the City of San Rafael amending the zoning map of the City of San Rafael was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RE: REZONING COUNTY ASSESS OR'S PARCELS 179-261-67, 68, & 69 - File10-3 CHARTER ORDINANCE NO. 950 - An ordinance amending the zoning map of the City of San Rafael was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RE: ZONING TEXT AMENDMENT, SECTION 14.92.020 (a) - File 10-3 CHARTER ORDINANCE NO. 951 - An ordinance of the City o Saiz Ra.fel amending Title 14, zoning, was passed and adopted as an ordinance of the City of San Raf -1 b; the Following vote, to -wit: Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RE: ECONOMIC OPPORTUNITY COMMISSION - File 13-1 City Manager, Dan Andersen, requested that the mattes- be carried forward. J 5 RE: REQUEST TO REZONE PROPERTY AT 237 PICNIC AVENUE - ASSESSOR.'s PARCEL 13-101-05 - File 10-1 X )0� Mr. Wi L.son, of , Rob its AVCn Cis(.: E ' ' -s: r•(-! the council and presented arguments against the rezoning of t'e afore mentioned property, and by diagram showed the parcel in quest'on. fir. H. Howllet, Principal of the Lourdell School, presented argirrrt� :. ' i, L_' (.'-ado, one of the principal owners of the parcel of land, spoke inbehalf of retaining the rezoning, and also on the proposed development. Glc=r Aeair, Manager of the Chamber of Commerce, read a letter from the Chamber which was in favor. Carl Brown, of the Associate Home Builde-s, spo e in '_shelf of the construction industry. Mr. Lewis Duvally spoke against rezoning. fir.. McGreen, of the Building Trades Council, spoke in favor, Mrs. Williams spoke against it, and Mr. Norm Traverso spoke in favor. Mrs. O'ive HcGinnis, No•a -klins, and Audrey Posner all spoke against the present zoning. Mr. Bob Roumiguiere and Norman Cambell both spoke in favor the the existing zoning as it conformed to the San Rafael Master Plan. There was no action taken on the matter, ;herefore, the zoning remains as it now stands. RE: ENCROACHMENT PERMIT - APPLICANT, GREGG A. SMITH, 45 PARK RIDGE ROAD, SAN RAFAEL PARK, UNIT NO. 3 - File 2-11 The supervisor of Public Works presented an application for an encroachment permit to construct a decorative wall which was 70' long, 4" to 3' high, and 3'6" encroachment. This ould be at the back of the sidewalk. Motion was made by Councilman Barbier, seconded by Councilman Robbins, Jr., to grant Encroachment Permit #175. Ayes: Councilmen: Sarbler Miskimen, Robbins, J'-. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RE: ROAD MATERIALS FOR FISCAL YEAR 1969-1970 - File 4-2-80 Supervisor of Public Works, Norr s Rawles, presented the plans and specifications and directing call for bids for raod materials for the fiscal year of 1969-1970. RESOLUTION NO. 3784 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR FURNISHING ROAD MATERIALS FOR FISCAL YEAR OF 1969-1970. Ayes: Counc ]men: Barbier, Miskimen, Robb'ns, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen Bid opening July 3, 1969 - 2:00 P.M. 41' 11� RE: PUBLIC EMPLOYEES RETIREMENT SYSTEM - File 7 -1 - lily Manager, Dan Andersen, presented a resolution to amend our contract with the Board of Administration of the Public Employees Retirement System, which would provide for increases in allowance for retired members that would be tied to the cost of living. RESOLUTION NO. 3785 - 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: Counc lmen: Barbier, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RE: PRELIMINARY STUDIES ON CORPORATION YARD AND COMMUNITY CENTER & FIRE HOUSE WITH ROBERT SEVERIN, ARCHITECT - File 4-3-38 City Manager, Dan Andersen, requested the council to authorize the hiring of Robert Severin Architect, for preliminary studies on the corporation yard, community center, and fire house and recommended that the corporation yard be the No. 1 project. Motion was made by Councilman Barbier, seconded by Councilman Robbins, Jr., authoriz'ng the Mayor and City Clerk to sign an agreement with Mr. Severin which was a flat fee for the preliminary study and, providing he continued with the working drawings, the flat fee would then apply against his fee on each project that was completed. Motion was made by Councilman Barbier, seconded by Counc lman Robbins, Jr., authorizing the Mayor and City Clerk to sign the agreement. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Counc.lmen: None Absent: Councilmen: Jensen City Attorney, Dave Menary, Jr., was directed to prepare the agreement. RE: LEAGUE OF WOMEN VOTERS HOUSING STUDY - File 13-16 A representative of the League of Women Voters addressed the count 1 regarding their survey on the general housing s tuat on throughout the county, and complimented the City on being the only City in Marin County to make a study of its own. A copy of their study was ordered placed on f le. Councilman Barbier asked to be excused from the meeting. His request was granted by Mayor Bettini. RE: PERSONNEL - File 7 -5 - Motion was made by Counc'lman Robbins, Jr., and seconded by Councilman Miskimen, to place J. Wiles on the regular payroll as Patrolman commencing June 16, 1969, at the monthly salary of $670.00 (14-A) to fill existing vacancy. Ayes: Councilmen: Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen & Barbier A motion was made by Councilman Robbins, Jr., and seconded by Councilman Miskimen, to promote Harry A. Barbier to Radio -Telephone Operator beginning June 16, 1969, at the monthly salary of $551.00 (10-A) to fill existing vacancy. Ayes: Councilmen: Miskimen, Robbins, Jr., and Mayor Bettini Noes: Counc lmen: None Absent: Councilmen: Jensen & Barbier Councilman Barbier returned to the meeting. RE: DEMOLITION OF BUILDING AT 4TH. & IDA STREET - File 3-3-17 City Manager, Dan Andersen, reported that the notice sent to the owners of the property at 4th. and Ida Street to demolish the build ng had expired and now it was up to the City to take steps to demolish the building. It would have to be done by bid because the cost would be over $2,500.00, and when the amount it would cost to do the job were ascertained by bid, the council would then appropriate the money and it would be placed as a lien on the property. RESOLUTION NO. 3786 - A RESOLUTION APPROVING PLANS & SPECIFICATIONS FOR DEMOLITION OF THE BUILDING AT 4 TH. & IDA. _PROJECT B -D1-69, AND CALL FOR BIDS. Ayes: Councilmen: Barbier, Miskimen, Noes: Councilmen: None Absent: Councilmen: Jensen ( Bid opening Monday, July 7, 1969 ) RE: CITY HALL - TAPE RECORDER - File 12-2 Robbins, Jr., and Mayor Bettini City Clerk, W. Clifford Cornwell, informed the council that the Planning Commission has subm tted a request to the City Manager to purchase another tape recorder as it would eliminate the delay of changing tapes between the public hearings and the regular meetings, and the Revere which the 448 Planning Qepartment was using at the present time for the playback of the tapes was inadequate and therefore recommended the purchase of new equipment. The City Clerk informed the council that it would also eliminate the changing of tapes at council meetings, and that about 1/3 of the money appropriated originally had been used. Motion was made by Councilman Robbins, Jr., and seconded by Councilman Miskimen, authorizing the purchase of the additional tape recorder. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RE: BUDGET - File 8-5 City Manger, Dan Andersen, informed the count 1 that there would be a budget session on Monday the 23rd., and on July 14, 1969. Meeting to begin at 7:30 P.M. RE: SAN PEDRO ROAD - File 4-13-14 City Manager, Dan Andersen, informed the council that there would be a meeting with the Board of Supervisors regarding the budgeting of moneys on San Pedro Road. RE: PARKS & RECREATION FACILITIES - ourse - File 12-15 The council discussed the several firms who had submitted proposals for making a feasibility study of the proposed gold course. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to employ E.B.S. Corporation to make the study at a fee not to exceed $3,000.00 Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen All Claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated June 16, 1969, and Advice on Payroll dated June 20, 1969, and now on file in Finance Office to which reference is hereby made or further particulars: Claims: GENERAL FUND $ 38,673.71 PARKS FUND 1, 261.88 LIBRARY FUND 2,467.91 EMPLOYEE RETIREMENT FUND 16,892.61 EQUIPMENT & REPLACEMENT FUND 2,916.53 STORES FUND 732.69 CAPITAL IMPROVEMENT FUND 5,797.87 PARKING DISTRICT #1 FUND 230.75 $ 6$,972.95 Payroll: GENERAL FUND $ 91,123.38 PARKS FUND 3,476.50 LIBRARY FUND 3,565.28 $ s�S�i Council adjourned. W. CLIFFORD CORNWELL, City C �a Approvv,d th i s/--��- day of 1969 MAYOR OF THE CITY 6F SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, July 7th, 1969 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini,Mayor Harry A. Barbier, Councilman John A. Miskimen, Councilman Absent:... Fred E. Jensen, Councilman Fred C. Robbins, Jr., Councilman 44U Motion was made by Councilman Robbins, seconded by Councilman Miskimen, the minutes of June 16th, 1969, a true and correct copy thereto having been heretofore submitted to each member, were approved. RE: TRAFFIC SIGNAL INSTALLATION - PROJECT 41-2015 (69-307-2) - BID OPENING - File 4-1-154 The following bids were received and opened: R. Flatland $ 41,800 Rosendind Electrical Company 38,379 L.H. Leonardi Electric 43,700 Steiny & Miltchel 33,959 Abbott Elect. Corp. 40,218 Award of bids was postponed to the meeting of July 21st, 1969 for review by the Public Works Department. RE: DEMOLITION OF BUILDING AT 4TH, AND IDA STREET - File 3-3-17 The following bids were received and opened. Bay Cities Demoliton $ 6,050 K.T. K. Wrecking 7,450 E. V. Maggiora & Ghilotti 8,150 West Coast Demolition Company 4,988 Cleveland Wrecking Company 9,740 Ghilotti Bros. 5,800 Award of bids was continued to Monday, July 14th, 1969. RE: SALE OF FRANCISCO BOULEVARD PROPERTY TO MARIN BAY LINCOLN MERCURY, INC. File 2-7 x 2-1-5 City Attorney, David Menary, Jr. briefed the council on the action necessary for the clearance of the public right-of-way to the canal, and presented several documents which would tend to clear the title. (a) A deed conveying the real property to the City of San Rafael in Trust. RESOLUTION NO. 3787 - A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT DEED. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RESOLUTION NO. 3787-A - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Francisco Blvd. Property) Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen (b) A deed conveying the real property to City of San Rafael free of trust. RESOLUTION NO. 3788 - RESOLUT40N AUTHORIZING THE EXECUTION OF GRANT DEED (Francisco Blvd. Property) Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RESOLUTION NO. 3788-A - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Francisco Blvd. Property) Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen (c) A grant deed to the State of California for the mineral rights under the described ease- ment. RESOLUTION NO. 3789 - A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT DEED (Francisco Blvd. Property) Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen; Jensen (d) The grant deed to Marin Bay Lincoln Mercury Sales, Inc., a corporation RESOLUTION NO. 3790 - A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT DEED (Francisco Blvd. Property) �5U I r --n r� 451 Ages: Councilmen: Barbier, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RE: ROAD MATERIALS FOR FISCAL YEAR 1969-70 - File 4-2-80 Report of bid opening at 2:00 P.M. July 3rd, 1969. Administrative Assistant, Tom Goodale presented a report on the results of the above bid opening. The matter was continued to July 21st, 1969 for the preparation of the necessary resolutions. RE: STOP SIGNS - File 11-9 A request having been submitted for the installation of stop signs on Ridgewood Drive at Vistawood Way in both directions was presented. The recommendation of the Traffic Committee was that it not be approved. Mr. Bill Grant addressed the council regarding other residents of the area who agreed there should be no stop signs. There was no one appearing in favor of said signs. No action. RE: APPLICATION FOR ENCROACHMENT PERMIT NO. 176 - APPLICANT IS HAM CONSTRUCTION COMPANY - File 2-11 Director of Public Works, Norris Rawles briefed the council on the proposed encroachment and presented a diagram showing the construction of a concrete footing to support wooden driveway ramp at 111 Windsor Avenue, Lot 21 White Oaks Unit 2 Subdivision. The council discussed the architectural approval which they felt should be reviewed before an encroachment of this type was issued. Motion was made by Councilman Barbier, seconded by Councilman Robbins, to grant Encroachment Permit No. 176 subject to obtaining a variance from the Planning Commission. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RE: RESOLUTION - EXTENDING TIME FOR COMPLETION OF CONTRACT FOR THE EXTENSION OF MONTECILLO ROAD AND PARK SITE DEVELOPMENT - PROJECT 40-2003(69-402-1) - File 5-1-153 Director of Public Works, Norris Rawles presented a request by the Bobo Construction Company, Inc. for the extension of the completion date of the above project to July 31st, 1969, because of a delay re- sulting from a revision to the alignment of the arch and a drainage problem. RESOLUTION NO. 3791 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. Ayes: Councilmen: Barbier, Mis.kimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RE: RESOLUTION - ACCEPTING GRANT OF SEWER EASEMENT - STATE OF CALIFORNIA - File 2-3 Director of Public Works, Norris Rawles presented a grant of sewer easement from the State of California to the City for an (8) eight foot wide sewer easement located on the west side of Highway 101 adjacent to Pacheco Street and Paloma Street. RESOLUTION NO. 3792 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. Ayes: Councilmen: Barbier, Miskimen Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RE: STREETS, TRAFFIC AND TRAFFIC CONTROL - CROSSWALK ON NOVA ALBION WAY AT SAO AUGUSTINE WAY File 11-11 A request by Mr. Thomas Svanoe to place a crosswalk on Nova Albion Way at Sao Augustine Way was dis- cussed by the Director of Public Works, Norris Rawles, and the recommendation of the Traffic Committee was that it not be approved, and gave several reasons for their decision. Motion was made by Councilman Miskimen, seconded by Councilman Robbins, that the request be denied. Ayes: Councilmen: Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: Barbier Absent: Councilmen: Jensen RE: CITY -COUNTY JOINT POWERS AGREEMENT FOR 1969-70 - SENIOR CITIZENS PROGRAM File 4-13-10 Andrew J. Snyder, Jr., Director of Parks and Recreation presented an amendment to the Senior Citizens Joint Powers Agreement in which the County contributed the sum of $4,000.00 for the above referred to fiscal year - payable $1,000.00 quarterly. Motion was made by Councilman Robbins, seconded by Councilman 4iskimen, authorizing the Maya' and City Clerk to sign the amendment as presented. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RE: SALARIES AND WORKING CONDITIONS - File 7-3-1 A resolution providing for certain officers, assistants, deputies, clerks and employees of the City of San Rafael and fixing the compensation and working conditions was presented. Upon discussion by the council, the salaries of the individuals which are not shown on said resolution was directed to be left blank until they had further discussions on it. 40' RESOLUTION NO. 3793 - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL PROVIDING FOR CERTAIN OFFICERS, ASSISTANTS, DEPUTIES, CLERKS AND EMPLOYEES OF THE CITY OF SAN RAFAEL AND FIXING THE COMPENSATION AND WORKING CONDITIONS THEREOF. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RE: ADOPTION OF TENTATIVE BUDGET FOR FISCAL YEAR 1969-70 - File 8-5 Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to adopt the tentative budget as prepared by Finance Director, James McCown; together with the City Manager's recommendations. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen Mayor Bettini set the following dates for budget hearings: July 14th, July 17th, and July 24th at 7:30 p.m. RE: ORDINANCE PROVIDING ADDITIONAL COMPE14SATION FOR THE MAYOR File 9-1 x 7-3-2. An ordinance was presented which would provide additional compensation of $100.00 over and above that of Councilman for the Mayor. An ordinance of the City of San Rafael providing additional compensation to the Mayor, and numbering Charter Ordinance No. 952 was read, introduced, and ordered passed to print by the following vote, to- w i t; Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr. and MayorBettini Noes: Councilmen: None Absent: Councilmen: Jensen RE: CORPORATION YARD SITE - File 12-4 Robert Severin, Architect briefed the council on three sites that would serve as a site for the corpora- tion yard, and illustrated by diagram the proposed installation. The three sites were the former site of the Standard Oil Lease and the present San Rafael Yacht Club and Richfield Lease in the Francisco Boulevard property to the rear of the parcels sold, and also the portion of the Bath House property which is leased to the Greyhound for bus storage. By using a small portion of the parking lot it would provide plenty of area for the establishment of the corporation yard at this time. Director of Public Works, gave a report on his idea of the area the yard should consist of. The council discussed the various sites and by motion made by Councilman Barbier, seconded by Councilman Robbins, instructed Mr. Severin to continue with site plans for the Bath House site. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen Jensen Motion was made by Councilman Robbins, seconded by Councilman Barbier, directing the City Attorney to notify the Greyhound Corporation that the city intended to take advantage of the ninety (90) day can- cellations clause and cancel the lease with their company. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Counc i lrren: Jensen RE: PARKING AND PARKING LIMITS - TRAFFIC IMPROVEMENTS PLAN OF THE CENTRAL BUSINESS DISTRICT - File 12-4 x 11-14 x 11-8 Mayor Bettini announced the receipt of the traffic study by D. Jackson Faustman,and stated that Mr. Faustman had been contacted and could appear at a council meeting on July 21st, 1969. The Mayor set the date for a public hearing July 21st, 1969 at 8:00 p.m. in the Council Chambers, and requested Mr. Adair, Manager of the San Rafael Chamber of Commerce to contact as many businessmen as possible. He also re- quested the Independent Journal to notarize the public hearing. RE: SANITATION AND SEWERS - File 12-6 Mr. Dominic Selmi of Dan Coleman Associates briefed the council on the study made of the San Rafael Sewer System, the type of field investigation made, and described the various deficiencies and their location by diagram. He also enumerated a program to bring the system up to an efficient one which would serve the community. The report was received and ordered filed. Mayor Bettini requested the council to study the report and requested them to suggest means of financing the program, and that the Public Works Department present suggestions on the priority of the areas as defined by Dan Coleman and Associates. Action was postponed for two weeks. RE: CLAIM FOR DAMAGES - MRS. JOAN R. CRONIN - File 3-1 Claim of Mrs. Joan R. Cronin, 244 Olema Drive, Fairfax for damages to her automobile from backing into a 12 inch culvert at 87 Deer Park Avenue. Report from the Public Works Department was presented regarding the location of the incident. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to deny the claim and referred to the insurance carrier. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen Note: This claim is under the $250.00 deductible, therefore, the City Clerk was directed to notify Mrs. Cronin that the city assumed no responsibility for the accident as it was on an unimproved street. RE: CLAIM FOR DAMAGES - HELVON INC. DBA STANLEY FURNITURE COMPANY - File 3-1 The claim against the city for damages to a van type truck in the amount of $2,427.75 was presented; to- gether with a report from the Park and Recreation Department. Motion was made by Councilman Robbins, seconded by Councilman Barbier, denying the claim and referred to our insurance carrier. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen RE: PERSONNEL - RETIREMENT OF CITY CLERK - File 7-5 Mayor Bettini read the resignation of City Clerk, W. Clifford Cornwell from that office which would be effective on September 1st, 1969. Motion was made by Councilman Robbins, seconded by Councilman Miskimen, to accept his resignation. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr. andMayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen Motion was made by Councilman Barbier, seconded by Councilman Miskimen to place Donald C. Myers, Jr., on the regular payroll as Police Cadet commencing July 1, 1969 at Range 3, Step A, to fill existing vacancy. Ayes: councilmen: Barbier, Miskimen, Robbins, Jr. and Mayor Bettini Noes: ouncilmen: None Absent: Councilmen: Jensen Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to place Clifford R. Den -Otter on the regular payroll as Associate Civil Engineer commencing July 1st, 1969 at the monthly salary of $1,041.00 (19-C) to fill existing vacancy. RE: FREEWAYS AND STATE HIGHWAYS - File 11-16 Director of Public Works, Norris Rawles reported that the Rice Road connection from the southbound High- way 101 on-ramp to the West Francisco Boulevard commercial area in San Rafael will be closed permanently in about two weeks. The council discussed the condemning of the railroad property for access to Rice Street and considered requesting from the Public Utility Commission permission to condemn the necessary property. The matter was carried over to July 21st, 1969 with the possibility of contacting Mr. Lakusta who represented the city in the opening of the NWP tunnel for his opinion. item held over. (a) Appointment of representative to office of Economic Opportunity. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated July 7th, 1969, and Advice on Payroll dated July 3rd, 1969, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $'45,588.72 PARKS FUND 1,023.52 LIBRARY FUND 1,761.00 EMPLOYEE RETIREMENT FUND 42,467.72 EQUIPMENT & REPLACEMENT FUND 4,938.20 STORES FUND 595.73 CAPITAL IMPROVEMENT FUND 35,836.70 PARKING DISTRICT NO. 1 FUND 926.93 $ 133,138.52 Payroll: GENERAL FUND 90,052.87 PARKS FUND 4,358.50 LIBRARY FUND 3,672.90 $ 98,084.27 The Council adjourned to Monday, July 14th, 1969 at 7:30 p.M IN W. CLIFybRD CORNWELL, CTty,lerk v Approved this /�` day of 19. I�MR OF THE CITY OF SAN RAFTEE-- 454 In Room 201 of the City Hall of San Rafael, Monday, July loth, 1969 at 7:30 p.m. Adjorned Regular Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Fred C. Robbins, Jr., Councilman Absent: John A. Miskimen, Councilman RE: DEMOLITION OF BUILDING AT 4TH, AND IDA STREET - File 3-3-17 Chief Building Inspector, Jack Coates reported on the progress of the demolition of the buildings stating that to his knowledge they had signed a contract with the low bidder of the bids opened on July 7th which was the West Coast Demolition Company, and that they expected to begin work within a short time. The award of bids was continued to Monday, July 21st, 1969. There being no further business, the council adjourned. W. CL I FFTD CORNWELL, Cit y� 1 er u Approved this / day of MAYOR OF THE CITY SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, July 21st, 1969 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 Absent: Fred C. Robbins, Jr., Councilman F -- 45D Motion was made by Councilman Barbier, seconded by Councilman Miskimen, the minutes of July 7th and July 14, 1969, a true and correct copy thereto having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - PARKING AND PARKING LIMITS - TRAFFIC IMPROVEMENT PLAN OF THE CENTRAL BUSINESS DISTRICT - File 4-3-23 x 12-4 x 11-14 x 11-8 Public hearing was declared open. Mayor Bettini requested Dr. Faustman to brief the council on his re- port. Dr. Faustman addressed the council and briefed them on his twenty-five page report which con- tained his recommendations, together with diagrams showing traffic flow at certain intersections. The council and interested members of the audience asked questions regarding the report, and discussed with Dr. Faustman the several critical areas. The hearing was declared closed and the report accepted and taken under advisement for future action. Dr. Faustman informed the council he would be glad to attend a meeting in the future at which time the report would be further discussed. RE: PUBLIC HEARING - APPEAL OF USE PERMIT 69-33 - D. E. STOVEL, APPELLANT - 51 LOCHNIVAR ROAD - File 10-3 Public hearing was declared open. City Planner, Herbert Hotchner advised the council that he had met with Mr. Stovel and Mr. Freed, and that they had indicated a willingness to abide by certain conditions which are as follows: SEE PAGE approved and that he be able to ieplace the Fence 11UVY M Minute Correction (3) That the ba Gkyard RSighior, at 16 Kinross Street he allowed Motion was made by Councilman Miskimen, seconded by Councilman Jensen, to deny the appeal but to approve the conditions as presented and agreed to by both parties. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: PUBLIC HEARING - APPEAL OF USE PERMIT 69-41 & ARCHITECTURAL APPROVAL 69-54 - 237 PICNIC AVENUE - File 10-5 The hearing was declared open. Councilman Fred Jensen requested that he be excused from the meeting, and was granted that privilege by Mayor Bettini. City Planner, Herbert Hotchner briefed the council on the history of the Planning Commission's actions and that of the council on the site referred to as 237 Picnic Avenue. Mr. Whitson spoke and illustrated by a diagram the site and elevation plans. The City Planner presented prints of the elevations site and elevation plans. Mr. Ed Ghirardo spoke in his behalf informing the council that it was pracitcally impossible for him to lower the height of the top building which was the point of disagreement because it closed off the view of the residence of a portion of Picnic Valley, and defended the architectural beauty of the proposed units. The hearing was declared closed. Motion was made by Councilman Miskimen, to deny the appeal. The motion failed for the lack of a second. The matter was continued to August 18th, 1969. RE: ORANGE CRATE DERBY - REQUEST OF SAN RAFAEL J. C'S - File 119.1 Mr. George Bell, President of the San Rafael Junior Chamber of Commerce addressed the council regarding the holding of an Orange Crate Derby to be held on September 13th from 8:00 a. m, to 4:00 p. m. The location that had been selected was San Marino Drive between via Monte Bello and Reveria Streets in Pea- cock Gap. Mr. Aker also of the Junior Chamber described the specifications of the vehicles and the safety measures that would be taken. The council suggested that they canvass the neighborhood and notify the City Manager as to their findings, and if there were not to many in opposition they would allow the event to be held, and to consult with Lt. Bleasdale of the Police Department for safety measures to be taken. RE: TRAFFIC SIGNAL INSTALLATION - PROJECT 41-2015 (69.307-2) - File 4-1-154 Award of bids on the above project was carried forward to this date to allow the Public Works Department to review the low bid and the responsibility of the bidder. RESOLUTION NO. 3794 - RESOLUTION OF AWARD OF CONTRACT. (Steiny & Mitchel, Inc.) Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins,Jr. 45-fi RE: FREEWAYS AND STATE HIGHWAYS (RICE STREET) - File 11-16 City Manager, Dan Andersen reported that Mr. Lakusta disqualified himself from representing the City. The Council discussed the matter with City Attorney, David Menary, Jr. and was referred to City Attorney for his recommendations. RE: ROAD MATERIALS FOR FISCAL YEAR 1969-70 - File 4-2-80) Administrative Assistant, Tom Goodale reported on the results of the bid opening and stated that the necessary resolutions had been prepared to award the bids on the various categories. RESOLUTION NO. 3795 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1969-70 AS ENUMERATED AND SET FORTH ON THE AGREEMENT ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. (Basalt Rock Company), Ayes; Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RESOLUTION NO. 3796 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1969-70 AS ENUMERATED AND SET FORTH ON THE AGREEMENT ATTACHED HERE- TO AND INCORPORATED HEREIN BY REFERENCE. (Hutchinson Company) Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RESOLUTION NO. 3797 - RESOLUTION AWARDING CONTRACT FOR FURNISNING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1969-70 AS ENUMERATED AND SET FORTH ON THE AGREEMENT ATTACHED HERE- TO AND INCORPORATED HEREIN BY REFERENCE. (Shamrock Materials, Inc.) Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RESOLUTION NO. 3798 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1969-70 AS ENUMERATED AND SET FORTH ON THE AGREEMENT ATTACHED HERE- TO AND INCORPORATED HEREIN BY REFERENCE. (Camgros Gravel and Fuel Company,lnc.) Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RESOLUTION NO. 3799 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1969-70 AS ENUMERATED AND SET FORTH ON THE AGREEMENT ATTACHED HERE- TO AND INCORPORATED HEREIN BY REFERENCE. (McPhail's Inc.) Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: DEMOLITION OF BUILDING AT 4TH AND IDA STREET - File 3-3-17 City Manager, Dan Andersen reported that the building had been demolished by the owner. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to reject all bids. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: COMPENSATION FOR MAYOR - File 9-1 x 7-3-2 CHARTER ORDINANCE NO. 952 - An ordinance of the City of San Rafael providing additional compensation to the Mayor, and numbering Charter Ordinance No. 952 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: SALARIES OF EMPLOYEES AND WORKING CONDITIONS - File 7-3-1 City Manager, Dan Andersen quoted the monthly salaries of certain department heads. RESOLUTION NO. 3800 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 3793 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 and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. 4 "d RE: SANITATION - SEWERS - File 12-6 x 4-3-35 The Public Works Department submitted a recommendation and report on the construction of variaus phases of the sewer system which tied in with the report made by Dan Coleman and Associates. The recommenda- tions were made under ten different items and the number one item being the priority. The report was placed on file for study and especially to be reviewed when the capital improvement portion of the bud- get is discussed. RE: ANIMALS - DOG CONTROL ORDINANCE - File 13-3 44 The County of Marin requested that the City of San Rafael adopt a Joint Powers Agreement or similar doc- ument in order that the County may continue its contractual agreement for all the cities with the Marin County Humane Society. The need for a new Joint Powers Agreement arises from the alterations and amend- ments to the dog control ordinance No. 946 under which the City of San Rafael is now operating. RESOLUTION NO. 3801 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. Resolution No. 3801 authorizing the Mayor and the City Clerk to sign the Joint Powers Agreement and Charter Ordinance No. 946 is attached thereto as Exhibit ''A" and made a part thereof. RE: PUBLIC EMPLOYEES RETIREMENT SYSTEM - File 7-1-4 The council having passed Resolution of Intention No. 3785 to amend the contract between the Public Em- ployees Retirement System and the City Council to incoude Section 21251.75 of the Retirement Law, an ordinance was presented authorizing the amendment as stated in the above referred to resolution. 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. 953 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: MARIN COUNTY COURT HOUSE - File 124 Consideration of the purchase of the Court House property was carried over for discussions on the Capital Improvement Budget. RE: STANDARD SPECIFICATIONS OF JANUARY 1969, AND STANDARD PLANS - JULY 1969 OF THE STATE OF CALIFORNIA DEPART71ENT OF PUBLIC WORKS - File 5-1 On the recommendation of the Department of Public Works, the council was requested to acb pt the lastest editions of the above plans and specifications to be used in city projects where applicable. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to adopt said specifications and plans. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: UNIFORM CONSTRUCTION STANDARDS - File 5-1 Director of Public Works, Norris Rawles informed the council that the cities of Marin and also the County of Marin have agreed upon approximately forty construction standards which will be standarized throughout the County in subdivisions, and recommended that the council adopt said standards. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to adopt the standards. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: GOOSE NECK BEND - MARIN YACHT CLUB - File 2-1-6 In the matter of the Marina Vista Improvement Club vs. Marin Yacht Club, City of San Rafael, et al. City Attorney, David Menary, Jr, presented a stipulation dissolving preliminary injunction and dismiss- ing action without prejudice in the said suit. The City Attorney advised the council that the Plaintiffs and Defendants have agreed that the above matter can be dismissed so as to end it but the Plaintiffs' iattorneys want to make a motion in Court to try to get their fees from the City. He advised the city to execute the documents. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, authorizing the Mayor and the City Clerk to execute the above referred to stipulation. RE: PLANNING COMMISSION - File 9-2-6 The appointments of J. Lunding, T. R. O'Toole and L. Mulryan have expired on the Planning Commission. It was recommended to the council that two terms should expire in 1972 and one 1973. In doing this, it would spread out the appointments to four years. The matter was carried over to August 4, 1969. 456 RE: CORRESPONDENCE - File 5-5 Letter from Bret Harte Heights Association, Inc. regarding proposed agreement between the City of San Rafael, San Rafael Sanitation District and Guy N. Baldwin regarding a proposed road and proposed sub- division. The above letter was noted. RE: C.A.T.V. - File 9-7-4 Progress report from Tele-Vue Systems, Inc, was noted. RE: COMMENDATION - File 102 Letter from California State Automobile Association regarding awarding the City of San Rafael a plaque for Pedestrian Safety Citation Award for 1969. RE: VIOLET ATHEY, 771 POINT SAN PEDRO ROAD - FAVORING ALTERNATE ROUTE "C" SAN PEDRO ROAD WIDENING - PHASE IV - File 4-13-14 Letter from Violet Athey, 771 Point San Pedro Road and letter from Mrs. Eugene F. Sweeney, 761 Point San Pedro Road favoring alignment "C" for the extension of and San Pedro Widening Phase IV. RE: CLAIM FOR PROPERTY DAMAGE - SEWER BACKUP - MRS. MICHAEL DROST - 55 MARQUARD AVENUE - File 3-1 Claim for damages of sewer backup from Mrs. Michael Drost was presented. There was no stipulated amount claimed for damge to two rugs. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to deny the claim and refer it to our insurance carrier. RE: CLAIM FOR DAMAGE AND PERSONAL INJURY - RONALD S. CASTORI - File 3-1 Claim for property and personal injuries caused by the collision of a police vehicle and a motorcycle was presented with no stipulated amount for damages. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to deny the claim and refer it to our insurance carrier. RE: CLAIM FOR PROPERTY DAMAGE - JOSEPH ROBINSON - File 3-1 A Subrogation claim from the Civil Service Employees Insurance Company in behalf of Joseph Robinson in the amount of $352.17 caused, by the collision of a Street -Sweeper and 1966 Volvo was presented. Motion was made by Councilman Barbier, seconded by Councilman Jensen, to deny the claim and refer it to our insurance carrier. RE: CLAIM FOR PROPERTY DAMAGES .= SEWER BACKUP - JOHN MOUNTZ, 2214 FOURTH STREET - File 3-1 Claim for damage caused by sewer overflow at 2214 Fourth Street was presented. Motion was made by Councilman Barbier, seconded by Councilman Jensen, to deny the claim and refer it to our insurance carrier. RE: CLAIM FOR PROPERTY DAMGES - KAREN TIDYMAN - File 3-1 Claim of Karen A. Tidyman for accident caused directly by one of our police vehicles was presented. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to pay the claim of $159.75. Note: Claim has been made to the insurance company to recover the above amount due to the fact that the accident was the direct result of one of our vehicles. RE: ECONOMIC OPPORTUNITY COMMISSION - File 13-1 Motion was made by Councilman Barbier, seconded by Councilman Jensen, to appoint Arthur Fellows as the City of San Rafael's member of the Economic Opportunity Commission. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to place the following personnel on the regular payroll: (a) James C. Wright as Radio Telephone Operator in the Police Department, effective July 28, 1969, at the monthly salary of $608.00 (Range 10 -Step A). (b) Lorence Durand as Maintenance Man I in the Street Maintenance Department, effective July 21st, 1969, at the monthly salary of $579.00 (Range 9 - Step A) Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Robbins, Jr. i` 4 115 RE: DRUG AND NARCOTIC CONTROL - File 13-15 Letter from Lloyd Hosteter and Gary Hanke regarding their assistance in person-to-person case work in assisting those who are users of narcotics was noted. Items held over: Senior Citizens Building Main Fire Station All claims approved by the Finance Committee were presented and warrants ordered drawn for same appears from the Advice on Warrants dated July 21st, 1969, and Advice on Payroll dated July 18th, 1969, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 10,467.39 PARKS FUND 152.26 LIBRARY FUND 552.51 EQUIPMENT & REPLACEMENT FUND 1,026.70 STORES FUND 728.43 CAPITAL IMPROVEMENT FUND 426.76 GAS TAX FUND 36,454.31 PARKING DISTRICT NO. ONE 600.00 $ 50,508.36 Payroll: GENERAL FUND $ 87,092.07 PARKS FUND 3,897.50 LIBRARY FUND 3,941.11 930.68 Council adjourned. Approved this .Z day of 19 MAYOR OF THE CITY OF SAN RAFAEL 1. That the Planning Commission be sustained in its action which pro- hibited a wooden fence above the height of six feet, and that such fence above that height as now exists be removed within ten (10) days. 2. That the fence of pyracantha which now grows to a height of approximately 11 feet be approved at its natural elevation in ex- cess of the six foot limit and that the gap created where the fence now is can be filled with pyracantha of a similar height. 3. That the backyard neighbor at 16 Kinross Street may trim as he sees fit along the lines of his property boundaries that portion of any vegetation planted at 51 Lochinvar Road which overhangs his property line. 4. That outside lights at both 51 Lochinvar Road and 16 Kinross Street which shine into the adjoining property be relocated to the satisfac- tion of the Planning Director. 460 In the Council Chambers of the City of San Rafael, Monday, August 4th, 1969 at 8:00 o'clock P.M. Regular: Present: Fred E. Jensen, Vice President Harry A. Barbier, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Absent: C. Paul Bettini, Mayor The meeting was called to order by Vice President Fred E. Jensen. Mr. Jensen requested those present to in the Council Chambers to stand and bow their heads for one minute in memory of our late City Manager, Dan E. Andersen who passed away on Thursday, July 31st, 1969. The pledge of allegiance was led by Vice President Jensen. RE: APPROVAL OF MINUTES Motion was made by Councilman Robbins, and seconded by Councilman Barbier, the minutes of July 21st, 1969, a true and correct copy thereto having been heretofore submitted to each member, were approved. RE: CITY MANAGER - File 9-3-11 x 7-5 Motion was made by Councilman Miskimen, seconded by Councilman Robbins, to appoint James McCown as Act- ing City Manager until further notice. Ayes: Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: PUBLIC HEARING - APPEAL OF USE PERMIT 68-47 (e) ELMO MAGGIORA & GHILOTTI - File 10-5 Public hearing was declared open. City Planner, Herbert Hotchner briefed the council on the condition of the six months period of Use Permit renewal. Mr. Babe Ghilotti presented arguments why his permit should be renewed for a period longer than six months and suggested that it be extended from three to five years so that he could purchase equipment to meet the specifications of a public dump. Mr. Hugh Allen, attorney, briefed the council on the reason the assessment district had not progressed, and des- cribed the earth fill that was taking place by Quail Hill, Inc. Mr. Ghilotti also described the difference between the Maggiora and Ghilotti dump and the land fill that was taking place. Motion was made by Councilman Miskimen, seconded by Councilman Robbins, to deny the appeal and uphold the decision of the Planning Commission. Ayes: Councilmen: Barbier, Miskimen and Robbins Noes: Councilmen: Jensen Absent: Councilmen: Mayor Bettini RE: PUBLIC HEARING - APPEAL OF THE USE PERMIT 69-40 - Northgate Properties, Appellant - File 10-5 City Planner, Herbert Hotchner briefed the council on the Planning Commission's action and the reasons for their decision. Mr. Thomas F. Byrnes representing Dohmann and Company described the proposed opera- tion of the veterinary hospital. Dr. Tom Mehlhoff also described the scientific aspect of the proposed clinic and presented arguments why the use permit should be granted. Mr. Al Cox of Cox's T.V. represent- ing the merchants of the area where the proposed veterinary clinic was to be established expressed his opinion that the installation would not be compatible with the existing businesses. Mr. Neil Prato representing Mr. Tarantino who is the owner, and operator of a restaurant adjacent to the proposed site presented arguments against. The hearing was declared closed. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to deny the appeal and uphold th decision of the Planning Commission. Ayes: Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: APPEAL OF VARIANCE 69-12 - MRS. KATHRYN CARDOZA, APPELLANT - File 10-4 Mrs. Cardoza withdrew her appeal by letter dated July 28th,;, 1969. No action. RE: POLICE DEPARTMENT - TRAINING - File 9-3-30 Deputy Chief Brusatori presented the council with a check for $1,402.37 from the State of California re- imbursing e imbursing the City for officers trained in the Peace Officer Standards and Training program. RE: PARKING AND PARKING LIMITS - File 11-8 The Traffic Committee with the help of the City Attorney have prepared an ordinance exempting certain commercial vehicles from parking limitations, and prohibiting overnight parking in business districts and resident districts was presented. The council requested that they be given copies so that they may review the ordinance and to withhold action until August 18th, 1969. RE: PUBLIC EMPLOYEES RETIREMENT SYSTEM - File 7-1-14 CHARTER ORDINANCE NO. 953 - An ordinance of the City Council 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. 953 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: 461 RE: PERSONNEL - RESOLUTION PROVIDING FOR COMPENSATION OF EMPLOYEES - File 7-3-1 Resolution No. 3800(a) amending Resolution No. 3800 providing for certain officers, assistants, deputies, clerks and employees of the City of San Rafael and fixing the compensation and working con- ditions thereof, and overtime was presented, which included new positions created by the council at the last budget session. The matter was held over to August 18th, 1969 for further study. RESOLUTION NO. 3802 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR TWO-WAY MOBILE RADIOS. Ayes: Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: WILLING WATER WEEK - File 110 The Marin Municipal Water District requested the council to designate the week of August 10th through 16th as "Willing Water Week". RESOLUTION NO. 3803 - RESOLUTION PROCLAIMING "WILLING WATER WEEK" IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN. Ayes: Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: CROKER-HILL ANNEXATION - File 5-2--5-5r Councilman Miskimen requested permission to leave the meeting which was granted by Acting Mayor Jensen. RESOLUTION NO. 3804 - RESOLUTI@N APPROVING ANNEXATION TO THE CITY OF SAN RAFAEL OF UNINHABITED TERRITORY LYING ADJACENT THERETO DESIGNATED AS "CROKER-HILL ANNEXATION". Ayes: Councilmen: Barbier, Jensen, and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Miskimen and Mayor Bettini Councilman Miskimen returned to the meeting. r- RE: AGREEMENT BETWEEN DIXIE SCHOOL DISTRICT AND CITY OF SAN RAFAEL - File 4-7-3 Parks and Recreation Director, Andrew Snyder presented an Agreement between the Dixie School District and the City of San Rafael for the turfing of land at the Oak View School site. The school district and City to participate at 50% each of the cost. City of San Rafael cost to be approximately $2,000. RESOLUTION NO. 3805 - A RESOLUTION AUTHORIZI14G THE SIGNING OF A LEASE OR AGREEMENT. !� Ayes: Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: MONTECILLO ROAD EXTENSION AND MONTECILLO PARK - File 4-1-153 � f - Director of Public Works, Norris Rawles presented an Agreement to install steel electroliers and under- ground facilities to serve street lights on Montecillo Road Extension and in Montecillo Park - Cost $1,197.00. RESOLUTION NO. 3806 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Pacific Gas and Electric Company) RE: CORPORATION YARD - File 12-4 F7, Director of Public Works, Norris Rawles briefed the council on the proposed new on and off ramp from € Highway 1101' which would bisect the site as selected for the new corporation yard. Although/ it would be overhead it would still be too low for building construction. Robert Severin, Architect, briefed the council on the change of the location of the buildings and to the revised parking pattern. The council discussed the matter, and the motion was made by Councilman Barbier, seconded by Councilman Robbins, authorizing the architect to change the location of the buildings and to prepare the plans and specifica- tions, and appropriating an additional $2,000.00 to finance the change. Ayes: Councilmen! Barbier, Miskimen and Robbins, Jr. Noes: Councilmen: Jensen ' Absent: Councilmen: Mayor Bettini RE: FREEWAYS AND STATE HIGHWAYS (Rice Street) - File 11-16 Director of Public Works gave a verbal report on his meeting with the staff of the Division of Highways to recruit their aid in making application with the Public Utilities Commission for the condemnation of railroad property to make the connection. Mr. Rawles informed the council that his department was pre- paring plans and specifications for the crossing, and also a legal description. RE: TEN MOBILE RADIOS - File 4-2-81 Plans and specifications and call for bids for ( 10) mobile two-way radios was presented by the Purchasing Department. John Atkins, Director of the County Communication Center briefed the council on the new units for police use, describing the use of one band for the San Rafael Police Department but was ver- satile so it could use numerous other bands. RESOLUTION NO. 3802 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR TWO-WAY MOBILE RADIOS. Ayes: Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: WILLING WATER WEEK - File 110 The Marin Municipal Water District requested the council to designate the week of August 10th through 16th as "Willing Water Week". RESOLUTION NO. 3803 - RESOLUTION PROCLAIMING "WILLING WATER WEEK" IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN. Ayes: Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: CROKER-HILL ANNEXATION - File 5-2--5-5r Councilman Miskimen requested permission to leave the meeting which was granted by Acting Mayor Jensen. RESOLUTION NO. 3804 - RESOLUTI@N APPROVING ANNEXATION TO THE CITY OF SAN RAFAEL OF UNINHABITED TERRITORY LYING ADJACENT THERETO DESIGNATED AS "CROKER-HILL ANNEXATION". Ayes: Councilmen: Barbier, Jensen, and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Miskimen and Mayor Bettini Councilman Miskimen returned to the meeting. r- RE: AGREEMENT BETWEEN DIXIE SCHOOL DISTRICT AND CITY OF SAN RAFAEL - File 4-7-3 Parks and Recreation Director, Andrew Snyder presented an Agreement between the Dixie School District and the City of San Rafael for the turfing of land at the Oak View School site. The school district and City to participate at 50% each of the cost. City of San Rafael cost to be approximately $2,000. RESOLUTION NO. 3805 - A RESOLUTION AUTHORIZI14G THE SIGNING OF A LEASE OR AGREEMENT. !� Ayes: Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: MONTECILLO ROAD EXTENSION AND MONTECILLO PARK - File 4-1-153 � f - Director of Public Works, Norris Rawles presented an Agreement to install steel electroliers and under- ground facilities to serve street lights on Montecillo Road Extension and in Montecillo Park - Cost $1,197.00. RESOLUTION NO. 3806 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Pacific Gas and Electric Company) Ayes: Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: ENCROACHMENT PERMIT - File2-11 Director of Public Works, Norris Rawles presented the application of Mrs. Suzanne B. Kraas, 204 McNear Drive for an encroachment permit to install an exposed ''Aggregate Planter'' between sidewalk and curb. Motion was made by Councilman Barbier, seconded by Councilman Robbins, to grant Encroachment Permit No. 178. Ayes: councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: ouncilmen: None Absent: Councilmen: Mayor Bettini RE: MONTECILLO ROAD AND FA RK SITE DEVELOPMENT, PROJECT NO. 40-2003 (69.402) - File 4-1-153 Request of Bobo Construction Company for the extension of the completion date was presented. RESOLUTION NO. 3807 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. Motion was made by Councilman Robbins, seconded by Councilman Barbier, to extend the date to and includ- ing the 29th day of August, 1969. Ayes: Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: MARIN SANITARY SERVICE AGREEMENT - File 4-3-32 Mr. Guido D. Zanotti, President of the Marin Sanitary Service had requested the council for the con- sideration of a rate increase. Mr. Al Bianchi, attorney, addressed the council with the intention of presenting reasons why the rates should be increased. The council felt that the matter should be dis- cussed at a public hearing and set September 2nd, 1969 as the date for a public hearing on the matter. RE: CITY CLERK - File 9-3-14 The matter was held over to August the 18th, 1969. RE: EMPLOYEES HEALTH AND LIFE INSURANCE PROPOSALS AS PREPARED BY GRIFFENHAGEN-KROEGER 11C. - File 7-1 The evaluation of the above submitted proposal was held over until August 18th, 1969. RE: PLANNING COMMISSIION - File 9-2-6 The appointments to the vacancies on the Planning Commission was held over to August 18th, 1969. RE: REZONING - File 10-1 Councilman Miskimen discussed with the council the zoning of newly annexed property to conform to the Master Plan. As it now stands when a parcel of land is annexed to the City, regardless of what the zon- ing was in the County, it becomes unclassified when taken into the city. City Planner, Herbert Hotchner discussed the need to rezone properties which are improperly zoned with the council and illustrated by a diagram which was incomplete at the date, the problems involved at the present time. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, that the policy recommendation made before by this body against the Planning Commission initiating rezoning be hereby rescinded. Ayes: Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: COMMENDATION - File 102 Mr. Arthur E. Ojeda, 254 Mountain View Avenue, San Rafael commending the Police Department on their patro ing of Mountain View Avenue was noted,. RE: CIVIC CENTER ANNEXATION - File j-2-46 There having been a petition for annexation of properties including the Civic Center and lands to the northwest. RESOLUTION NO. 3808 - RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF SAN RAFAEL OF UNIN- HABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED ''CIVIC CENTER ANNEXATION'', AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTEST THERETO. (Public hearing set for Monday, the 15th day of September, 1969) Ayes: Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: CLAIM FOR DAMAGE TO AUTOMOBILE - RUHL J. RUSSELL - File 3-1 Claim for damages submitted by Mr. Ruhl Russell for the cost of a smashed flywheel pan which he removed and replaced in the amount of $3.68 was presented. Motion was made by Councilman Robbins, seconded by Councilman Barbier, to pay the amount because it was under the $250.Q'0 deductible. Ayes: Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: CLAIM FOR PERSONAL INJURIES AND PROPERTY DAMAGE - TROY GILL - File 3-1 Claim for personal injuries and property damage incurred at the Santa Margarita Valley Playground in the amount of $600.00 medical bills and $100.00 in damaged clothing, the balance in general damages. Total claim $50,000.00. Motion was made, seconded and unanimously passed, to deny the claim and referred to the city's insurance carrier. IRE: FUNDS AND TRANSFER OF FUNDS - File 8-14 Request of Finance Director, James H. McCown for various budget account transfers were requested to balance the expenditure accounts in the closing of the books on the 1968-69 budget, and also a budget appropriation in the amount of $43,069.09 to balance the over expended capital improvement projects 42-2006 & 43-2010. Motion was made by Councilman Barbier, seconded by Councilman Robbins, to make the transfers as presented by the Finance Director and the appropriation. Ayes: Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Robbins, to place the following employees on the regular payroll: (a) Robert E. Bradley as Automotive Serviceman in the Garage effective July 21, 1969, at the monthly salary of $579.00 per month, (Range 9-A). (b) C. Austin Hoth, as Fireman in the Fire Department effective August 1, 1969, at the monthly salary of $739.00 per month, (Range 14�A) (c) Kenneth A. Benton, as Fireman in the Fire Department effective August 1, 1969, at the monthly salary of $739.00 per month, (Range 14-A) and to promote David Jones, Patrolman to Sergeant, Range 17rD. Ayes: Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. Noes: Councilmen: None Absent: Councilmen: Mayor Bettini Items held over and to be on agenda for 8/18/69. (a) Senior Citizens Building (b) Marin Fire Station (c) Purchase of Court House Site. Note: Budget hearing August 14th, 1969 at 7:30 P.M. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated August 4th, 1969, and Advice on Payroll dated August 5th, 1969, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 24,013.03 PARKS FUND 1,887.11 LIBRARY FUND 2,529.72 EQUIPMENT & REPLACEMENT FUND 2,011.92 STORES FUND 123.90 CAPITAL IMPROVEMENT FUND 11,714.68 PARKING DISTRICT FUND 417.64 $ 42,698.00 Payroll: GENERAL FUND 11,670.74 PARKS FUND 5,460.25 LIBRARY FUND 4,353.46 $ 120,474.45 By motion regularly made, seconded and unanimoLs ly passed, the meeting was adjourned in memory of former City Manager, Dan E. Andersen. W. CLI F ORD CORNWELL, City C k Approved this3-14—day of 19. C7 MAYOR OF THE CITY OF SAN RAFAEL 4t (),j in the Council Chambers of the City of San Rafael, Monday, August 18th, 1969 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Motion was made by Councilman Miskimen, seconded by Councilman Jensen, the minutes of August 4th, 1969, a true and correct copy having been heretofore submitted to each member, were approved as corrected. See page 459 RE: PURCHASE OF TEN (10) MOBILE RADIOS FOR OUR POLICE AND FIRE DEPARTMENT - File 4-2-81 The following bids were received, opened and read: Motorola $ 10,580.40 General Electric 8,915.60 The bids were referred to the City Manager for recommendation at the council meeting to be held on September 2nd, 1969. RE: COMMUNITY SERVICE BUILDING AND MAIN FIRE STATION - File 123 x12-3 Robert Severin, architect presented plot plans showing various locations of the proposed community ser- vice building and the main fire station. Park and Recreation Director, Andrew Synder addressed the council and described the proposed multi use of the whole facility. Mr. Severin described the use of thi new fire station and how the equipment would be stored and gave cost estimates of both buildings. The council discussed the possibility of having a bond election to finance the purchase of extra property and construction of the buildings. The council requested Park and Recreation Director Andrew Snyder to call a special meeting of the recreation commission and have Architect Severin make his presentation to them, and then come in with a recommendation on the September 2nd meeting. Acting City Manager, Jame; McCown was directed to look into the hiring of a Bond Counsel and the prices in connection with their services. RE: PLANNING COMMISSION - APPOINTMENT OF MEMBERS - File 9-2-6 Motion was made by Councilman Barbier, seconded by Councilman Robbins, to appoint Commissioners Mulryan and O'Toole for a period of four years. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The matter of appointing the third member for a period of three years was carried over to September 2nd, 1969. RE: EMPLOYEES HEALTH AND LIFE INSURANCE PROPOSALS BY GRIFFENHAGEN-KROEGER, INC. - File 7-1 The council requested the City Employees Association to call a special meeting and invite the council to hear the presentation of the insurance representative. RE: APPEAL OF USE PERMIT 69-41 & ARCHITECTURAL APPROVAL 69-54 - 237 Picnic Avenue - File 10-5 Councilman Jensen was excused from the meeting. City Planner, Herbert Hotchner briefed the council on the passed actions of the Planning Commission and the present action to be taken by the council. Mr. Ghirardo presented an architects rendition of the proposed structures. Mr. Whitson spoke regarding the aesthetics of the proposed structure and presented a cutout of the skyline. V Motion was made by Mayor Bettini, seconded by Councilman Robbins, to deny the appeal and uphold the decision of the Planning Commission. Ayes: Councilmen: Barbier, Miskimen Robbins, Jr, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen Mrs. Nora Hawkins addressed the council and thanked them for their consideration of the matter. Councilman Jensen returned to the meeting. RE: PARKING AND PARKING LIMITS - File 11-8 An ordinance amending Section 5.40 of the San Rafael Municipal Code which could prohibit certain over- night parking in certain districts of the City was presented and discussed by the council, City Attorney and Lt. Bleasdale. Mr. Barlow addressed the council and asked various questions regarding parking. Councilman Jensen expressed his opinion regarding the repealing of portions of the overnight and all day parking stating that he thought the council was making a grave mistake. Mayor Bettini made a motion to pass the ordinance to print, but withdrew his motion and instead instructed the Traffic Committee to spell out in simple words what this ordinance was going to do regarding the parking limit and the type of vehicle which was involved in the parking limit. The Mayor Also requested that the report be sub- mitted prior to the September 2nd meeting so that the council would have ample time to review it. RE: CORPORATION YARD - File 12-4 x 4-1-156 Architect, Robert Severin addressed the council and described the plans of the proposed Corporation Yard. 465 Civil Engineer, Ely Caillouette, Jr. also discussed with the council certain phases of the plans and re- quested that a few minor changes be made. RESOLUTION NO. 3809 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALLING FOR BIDS FOR THE CONSTRUCTION OF CITY CORPORATION YARD AT SECOND AND LINCOLN AVENUES, CITY OF SAN RAFAEL. Ayes: Councilmen: Barbier, Miskimen, Pobbins, Jr. and Mayor Bettini Noes: Councilmen: Jensen Absent: Councilmen: None RE: APPOINTMENT OF CITY CLERK - File 9-3-14 The matter was held over to September 2nd, 1969. RE: RELOCATING FIRE ALARM FACILITIES - File __C� and 12-3 City Engineer, Ely Caillouette, Jr. presented Utilities Agreement No. 481.51 with the State of California which covers the cost of relocating the City Fire Alarm Facilities between Third Street and Ranchitos Road. RESOLUTION NO. 3810 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (State of California) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TAX RATE - File 9-12-1 Resolution fixing the Tax Rage for the fiscal year 1969-70 was presented. RESOLUTION NO. 3811 - RESOLUTION FIXING THE RATE OF TAXES FOR FISCAL YEAR 1969-70 Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: done Absent: Councilmen: None RE: PURCHASE OF NINE (9) PATROL VEHICLES THROUGH STATE OF CALIFORNIA - File ,9— - Request of the Police Department to purchase nine (9) California Highway Patrol vehicles through the State of California Office of Procurement was presented. RESOLUTION NO. 3812 - A RESOLUTION AUTHORIZING THE PURCHASE OF NINE (9) 1970 DODGE CALIFORNIA HIGHWAY PATROL SPECIALS THROUGH THE STATE OF CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ABATEMENT - 201 Locust Avenue - File 3-3 General Mr. Alan H. Dortmund addressed the council regarding the condition existing at 201 Locust Avenue and pre- sented a petition of the neighboring residents requesting that the condition be corrected. Mrs. Minerva Richards a part owner stated that there were only two families living on the premises which consisted of 13 people and they had 12 cars. Larry Ovistgaard addressed the council requesting action. The matter was referred to City Planner, Herbert Hotchner to make a report. Held over to September 2nd, 1969. (To be held to 9/15/69) request by council on 8/25/69. RE: BUILDING CODE - File 1-6 Chief Building Inspector, Jack Coates presented an ordinance which would adopt the 1968 Edition of the Uniform Electrical Code and the Secondary Code referred to therein being the National Electrical Code, 1968. Motion was made by Councilman Miskimen, seconded by Councilman Robbins, to have the City Clerk read the ordinance by title. Motion was made by Councilman Jensen, seconded by Councilman Robbins, to pass the ordinance to print, and to set a public hearing on the matter for September 15th, 1969. An ordinance amending Chapter 12.20 of the San Rafael Municipal Code by adopting by reference the 1968 Edition of the Uniform Electrical Code and the Secondary Code referred to therein being the National Electrical Code, 1968 with certain changes, additions and deletions thereto, and numbering Charter Ordi- nance No. 954 was read, introduced, and ordered passed to print by the following vote, totj-wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BUILDING REGULATIONS - File 9-8 x 9-10 Chief Building Inspector, Jack Coates presented a proposed ordinance amending Title 12 which added a Chapter entitled "Moving and Relocation of Buildings or Structures". Inspector Coates briefed the coun- cil on the proposed ordinance and the council discussed the amount of liability insurance and property damage and suggested $250,000 each person, $750,000 each accicent for liability and to provide property damage in the amount of at least $100,000 per accident, An ordinance of the City of San Rafael amending Title 12 by adding thereto a new Chapter 12.34 entitled 466 ''Moving and Relocation of Buildings or Structures'', and numbering Charter Ordinance No. 955 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 with the correction regarding liability and property damage insurance. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: JOINT POWERS AGREEMENT - CONSTRUCTION ON SOUTH SAN PEDRO ROAD - File 4-13-14 City Engineer, Ely Caillouette, Jr. briefed the council on the repairing of the slide on the property owned by the City of San Rafael which was caused by the construction of South San Pedro Road under the Joint Powers Agreement, and explained to the council that between the City and the County it could be done with Gas Tax Funds. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to approve the plans and specifica-I tions as prepared by the County Public Works Department, Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ZONING ORDINANCE AMENDMENT -_REVISING THE P-C_DISTR_I_CT MASTER _PLAN OF QUAIL HILL - File 10-3 At the request of the Planning Commission the council was requested to set a public hearing on the re- vision of the Quail Hill Planned Community Master Plan. Public hearing date was set for September 2nd, 1969. RE: CLAIM FOR PROPERTY DAMAGE - File 3-1 Claim from the United States Post Office for damages incurred to one of their vehicles parked in a red zone and struck by Fire Engine ##1 was presented. By motion regularly made, seconded and unanimously passed, the claim was denied and referred to the city's insurance carrier. RE: CIVIC CENTER ANNEXATION - File 5-2-46 City Planner, Herbert Hotchner briefed the council on the problems arising from publication of notice of public hearings which by Resolution No. 3808 had set September 15th as the hearing date, and had authorizfd .the City Planner to prepare another resolution to set the hearing on September 22nd, 1969, and that he had discovered that it would be impossible to make the necessary publication to abide by the law for a public hearing on the 22nd, and presented a resolution setting that hearing date. RESOLUTION NO. 3813 - RESOLUTION AMENDING RESOLUTION NO. 3808 AND GIVING NOTICE OF PROPSOED ANNEXATION TO CITY OF SAN RAFAEL OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED ''CIVIC CENTER ANNEXATION'', AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTEST THERETO. Ayes: Councilmen: Barbier, Jensen, Miskimen Robbins, Jr, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Due to the problem of timing, the Mayor requested that a special meeting be held on September 22nd, to adopt a resolution which would set the hearing date at a time which would conform to the government code of California. The special meeting to be set a time a quorum could be present. RE: ENCROACHMENT -PERMIT - File 2-11 City Engineer, Ely Caillouette, Jr, requested the council to grant the contractor who was dredging the canal be given an encroachment permit to cross Canal Street with the pipe which pumps the waste from the dredger. The contractor would constrict a ramp over the pipe so that it would not interrupt traffic. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to grant the encroachment. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: JOINT POWERS AGREEMENT WITH COUNTY (South San Pedro Road) - File 4-13-14 The Public Works Department of the County have recommended that they hire a consultant to landscape Phase 2 and 3 of the San Pedro Road and request the council's permission to hire said landscape architect. Motion was regularly made, and seconded that the County hire a consultant to landscape the San Pedro Roac Phases 2 and 3. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CELEBRATIONS AND CEREMONIES - File 104 Request from the Marin Shakespeare Festival signed by Barbara Young, Administrator requesting that they 46"d' 11 I allowed to hold a parad on September 14th, 1969. •lotion was regularly made, seconded and passed by the council to allow the parade providing the Police Department approves. RE: CHAMBER OF COMMERCE - File 119 Letter from the Chamber of Commerce requesting an annual subsidey of $20,000. to help defray a portion of the expenses of the San Rafael Chamber of Commerce was noted. RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to appoint the following personnel on the regular payroll: (a) Frank D. Riggs as Police Cadet, effective August 10th, 1969 at the monthly salary of $431.00, Range 3-A. (b) Hughie D. Vaughn as Equipment Operator, effective August 4th, 1969 at the monthly salary of $670.00, Range 12-A. ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None absent -,Councilmen: None Resolution ilio. 3800(a) which amends Resolution No. 3800 was presented and discussed by the council. RESOLUTION NO. 3800(a) - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 3800 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, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None 6sent:Councilmen. None RE: CITY OF SAN RAFAEL VS. 4 ELA C. PIERCE, ET AL File 3-2 the City Council retired for an executive session with the City Attorney to receive his opinion. The council returned to continue the regular meeting. otion was made, seconded and unanimously passed, authorizing the Finance Director to draw a check for $4,700, payable to Angela C. Pierce and Charles W. Pierce in settlement of the condemnation case in Marin Superior Court No. 41050. ITEM HELD OVER: (a) Purchase of Court House site - File 124 �11 claims approved b the Finance Committee were presented and warrants ordered drawn for same as PP Y appears from the Advice on Warrants dated August 18th, 1969, and Advice on Payroll dated August 20th, 11969, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 11,545.60 PARKS FUND 541.65 LIBRARY FUND 1,302.47 EMPLOYEE RETIREMENT FUND 19,134.88 EQUIPMENT & REPLACEMENT FD. 2,582.65 STORES FUND 547.18 CAPITAL IMPROVEMENT FUND 11,482.26 GAS TAX FUND 29,586.03 PARKING DISTRICT NO. 1 12,810.80 Payro 1 I: Council adjourned. $ 89,479.52 GENERAL FUND 89,170.80 PARKS FUND 3,987.50 LIBRARY FUND 4,234.43 $ 97,392.73 Approved thisL�-y of 19. 6zaw MAYOR OF THE CITY e SAN RAFAEL 468 In Room 201 of the City of San Rafael, Monday, August 25th, 1969 at 5:00 P.M. Special Meeting: Present: C. Paul Betti.ni, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Fred C. Robbins, Jr. Councilman Absent: John A. Miskimen, Councilman RE: CIVIC CENTER ANNEXATION - File 5-2-46 A resolution amending Resolution No. 3808 and Resolution No. 3813 setting the date for a public hear- ing on Monday, October 6th, 1969. RESOLUTION NO. 3814 - RESOLUTION AMENDING RESOLUTIONS NO. 3808 AND 3813 AND GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF SAN RAFAEL OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED ''CIVIC CENTER ANNEXATION'', AND GIVING NOTICE OF TIME AND PLACE THE CITY COUNCIL WILL HEAR PROTEST THEREON. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen There being no further business, the council adjourned. v Approved this day of 194. MAYOR OF THE CITY OF SAN RAFAEL 46U Ter !/ _XI c/, in the Council Chambers of the City of San Rafael, .Aea day, September 2nd, 1969 at 8:00 o'clock 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 RE: CITY CLERK APPOINTMENT TO UNEXPIRED TERM OF W. CLIFFORD CORNWELL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, appointing Marion Grady to fill the unexpired term of W. Clifford Cornwell effective September 2nd, 1969. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPROVAL OF MINUTES Motion was made by Councilman Barbier, seconded by Councilman Jensen, the minutes of August 18th and August 25th, 1969, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - MARIN SANITARY SERVICE REQUEST FOR INCREASE IN RATES - File 4-3-32 Public hearing was declared open. Acting City Manager, James McCown submitted a report on the increase of rates. Mr. Al Bianchi, attorney for Marin Sanitary Service addressed the council and asked if they had any questions. The firm agreed to make free pickups of clippings, equivalent to a 30 -gallon can load, once a month to ease the problem that will be created by the backyard burning ban, effective January 1st, 1970. Their request is for a rate increase in the amount of 25 cents for the first can and 15 cents for the second can. Dr. Charles W. Aby addressed the council in behalf of the Marin Sanitary Service. The hearing was declared closed. Motion was made by Councilman Jensen, seconded by Councilman Robbins, directing the City Attorney, David Menary, Jr. to prepare an amendment to the agreement with the Marin Sanitary Service establishing rates and monthly pickup of rubbish and trash without charge to the customer. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen None RE: PUBLIC HEARING - RECLASSIFICATION OF COUNTY ASSESSOR'S PARCEL 175-060-10, KNOWN AS ''QUAIL HILL'' FILE 10-3 Public hearing was declared open. City Planner, Herbert Hotchner briefed the council on the recom- mendation of the Planning Commission and the reasons for their actions. Raymond L. Sullivan, representing the Terra Linda Valley Property Owners Association spoke, protesting the additional grading which was done without notifying the residents. Carlos Gonzalez, Engineer, explained the reasons for the grading change and the necessity for emergency action. Mr. Claude Stoller of the Quail Hill spoke regarding there being no change in the density. Mrs. Freda Lewin and Mrs. Jackie Christensen spoke regarding the matter. Hearing was declared closed. Ordinance No. 956 was passed to print by the following vote: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARKING AND PARKING LIMITS - File 11-8 City Engineer, Ely Caillouette, Jr, addressed the council and gave the Traffic Committee's recommendations on the proposed ordinance prohibiting overnight parking in business districts. Councilman Jensen ob_ected to the removing the all -might parking restrictions now in effect. Mr. Tom O'Toole and Mr. Swanson addressed the council and expressed the opinion that the overnight parking should not be removed. Mayor Bettini made a motion to pass the new ordinance to print. The motion failed for the lack of a second. An Ordinance numbered Charter Ordinance No -957 providing that no parking of automobiles be permitted on Fourth Street from Lincoln Avenue to ''E" Street between the hours of 3:00 o'clock a.m. and 6:00 a.m.of the same day, and no person shall park a trailer, trailer coach,utility trailer or auxiliary dolly on a public street for more than 24 consecutive hours, 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: FREEWAYS AND STATE HIGHWAYS - File 11-16 Clarence DeLong, President of DeLong Chevrolet, Inc. addressed the council requesting their help in establishing a road connection from Second and Francisco Boulevard to West Francisco Boulevard, the former connection known as Rice Street which has been severed due to work on the Highway 101 viaduct. City Attorney David Menary, Jr, gave a verbal report on his preparation of an application to the Public Utilities Commission for a grade crossing. RE: PURCHASE OF TEN (10) MOBILE RADIOS FOR CITY POLICE DEPARTMENT - File 4-2-81 Acting City Manager, James McCown reported on the bid opening and recommended the contract be awarded to General Electric, Mobile Radio Department, the low bidder. 470 RESOLUTION NO. 3815 - RESOLUTION AWARDING BID FOR TEN (10) TWO-l•!AY MOBILE RADIO UNITS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPOINTMENT OF PLANNING COMMISSIONER - File 9-2-6 Motion was made by Councilman Robbins, Jr., seconded by Councilman Barbier, to appoint Alan M. Kay to the Planning Commission for a term of three years commencing July 1st, 1969 and expiring July 1st, 1972, Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: -ENCROACHMENT ON CITY LANDS - File 2-1-1 Request from West Coast Dredging Company for permission to place discharge pipe line across Canal Street longitudinally along Larkspur Street and then across Kerner Street. Director of Pulbic Works, Norris Rawles recommended this permission not be given at this time but held over for future approval, and will make recommendation later. RE: GRANT OF EASEMENTS FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN - File 2-4 X 5-1-195 Director of Pulbic Works, Norris Rawles addressed the Council and recommended approval accepting grant of easements for storm drains which are outside the subdivision boundaries of Glenwood Forest Unit Two. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to adopt said Resolutions RESOLUTION NO. 3816 - RESOLUTION ACCEPTING GRANT OF STORM SEVIER EASEMENT - RIFKIND RESOLUTION NO. 3.817 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT - PERMA-BILT ENTERPRISES CO. RESOLUTION NO. 3818 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT - NY -CAL INDUSTRIAL CORP. RESOLUTION NO. 3819 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT - NY -CAL INDUSTRIAL CORP. RESOLUTION NO. 3820 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT - NY -CAL INDUSTRIAL CORP. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini NOES: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 955 - FINAL ADOPTION - MOVING AND RELOCATION OF BUILDINGS OR STRUCTURES - File 9-8 x 9-10 CHARTER ORDINANCE NO. 955 - An ordinance of the City of San Rafael amending Title 12 by adding thereto a new chapter 12.34 entitled "Moving and Relocation of Buildings or Structures and numbered Charter Ordinance No. 955 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: SANITATION SEWER - REGIONAL WATER QUALITY CONTROL BOARD - FILE 12-6 Authorized Director of Public Works, Norris Rawles to draw up a detailed timetable for the City to comply with Water Quality Control Board requirements to improve the sewer system. RE: DRAINAGE AND FLOOD CONTROL - EAST SAN RAFAEL DRAINAGE PROBLEM - File 12 - City Engineer, Ely Caillouette, Jr. reported there is a serious danger of flooding in East San Rafael unless drainage improvements are made. Mayor Bettini said the property owners should be put on notice that the responsibility lies with them and not the city. The property owners are Francisco Co-, Marin Development Co. and Equitable Development Co. The matter was held over to September 15th meeting. RE: ENCROACHMENT PERMIT - JOHN A. BUSTERUD - File 2-11 Request from John A. Busterud to install a 24 inch C. M. P. in unimproved portion of Linden Lane off Mountain View Avenue was presented. Motion was made by Councilman Jensen, seconded by Councilman Barbier, granting Encroachment Permit. 4h=at= Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RECREATION - EAST SAN RAFAEL - File 12-15 Robert C. Schoen addressed the council and requested permission to temporarily use the building on the Francisco Boulevard property for a recreation center. Mayor Bettini suggested that the residents locate the building on San Rafael Elementary School District property adjacent to Bahia Vista School. Andrew Snyder, Jr., Parks and Recreation Director, said if the city recreation staff were involved the center would have to operate under recreation department rules and regulations. Acting City Manager James McCown alsostated he did not feel there was enough space atthe city -owned property for the proposed recreation center. Mrs. William R. Eastman addressed the council on the matter. Motion was made by Councilman Robbins, seconded by Councilman Miskimen to donate the building for Mr. Schoen's use in this effort and advising him to check with the School District. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None I RE: PROJECT NO. 41-2001 (69.116-3) STREET OVERLAY - File 4-1-155 Public Works Department Director Norris Rawles presented a recommendation that an extensipn of time be granted the contractor on the resurfacing of various streets because of the replacement to an existing water main in one of the streets to be overlayed. Motion was made by Councilman Jensen, seconded by Councilman Barbier to grant an extension of time. RESOLUTION NO, 3821 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (Extended to and including the 19th day of September 1969) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Re: ZONING ORDINANCE AMENDMENT - File 10-1 Letter from David Elliot Stovel, 51 Lochinvar Road, San Rafael requesting presentation of a formal zoning ordinance amendment by a group of Marin Architects and Landscape Architects was presented. Mr. Stovel was not present at the meeting and it was the feeling of the council that this matter should be brought to the Planning Commission for their consideration. RE: APPOINTMENT OF LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE AND ALTERNATE - File ^-11-1 Motion was made by Councilman Jensen, seconded by Councilman Barbier, appointing Councilman Fred C. Robbins, Jr. as Delegate to the League of California Cities meeting and Mayor C. Paul Bettini as alternate. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PURCHASE OF COURT HOUSE SITE - File 124 The Council discussed the sale of the Court House property and Mayor Bettini stated that the Court House is scheduled to be abandoned October lst, and the time had come to make a decision. Councilmen agreed that disposal of the site is not the responsibility of the city, but they would be willing to help the county. Acting City Manager,'James McCown was directed to start negotiations with County Administrator Alan Bruce with the city participating and report back to the council. RE: LICENSES AND PERMITS - JOLLY ROGERS HAUNTED HOUSE - File 9-10 Granted request from Mrs. James McConnell, Co -Chairman, Haunted House Committee for permission to stage their annual Haunted House in the old Coleman School from October 24th to 31st inclusive -with the same stipulations as in other years. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR DAMAGE TO AUTOMOBILE OF WILLIE GRIFFITH - File 3-1 Claim of Willie Griffith, Box 174, Mill Valley, California for automobile damage to his parked car which was struck by a city police car August 22nd at 225 Union Street was presented. Motion was made by Councilman Earbier, seconded by Councilman Jensen, to deny the claim and refer it to the city's insurance carrier. RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Jensen to place Dennis R. Jauch on the regular payroll as Recreation Supervisor commencing September 1st, 1969 at Range 15, Step A, to fill existing vacancy. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RECREATION - File 12-15 Councilman Harry Barbier made a request to discuss at the September 15th meeting the possibility of enacting an ordinance requiring subdivisions to set aside land for recreation. RE: CITY MANAGER - File 9-3-11 The Council authorized an additional $300.00 a month to Finance Director, James H. McCown for his work as Acting City Manager, retroactive to his appointment August 4th. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes; Councilmen: None Absent: Councilmen: None 472 All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated September 2nd, 1969, and Advice on Payroll dated September 5th, 1969, and now on file in Finance office to which reference is hereby made for further particulars: Claims: Claims: (Advice on Warrants dated: August 26, 1969) Payroll: Council adjourned. GENERAL FUND $25,089.91 PARKS FUND 172.18 LIBRARY FUND 3,564.60 EMPLOYEE RETIREMENT FUND 99-59 EQUIPMENT & REPLACEMENT FUND 941.09 STORES FUND 15.57 CAPITAL IMPROVEMENT FUND 27,714.38 PARKING DISTRICT NO. ONE FUND 820.26 $58.4777—.58 CAPITAL IMPROVEMENT FUND $4,700.00 GENERAL FUND $100,964.13 PARKS FUND 4,273.50 LIBRARY FUND 4.362.31 109,599.9 RENEE J. 6DISSO, Deputy City Clerk Approved this 1�tIL day of 1969 4�'3 r In the Council Chambers of the City of San Rafael, Monday, September 15th, 1969 at 8:00 o'clock P.M. Regular Meeting: Present Absent RE: APPROVAL OF MINUTES C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Fred C. Robbins, Jr., Councilman John A. Miskimen, Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of September 2nd, 1969, a true and correct copy having been heretofore submitted to each member, were approved. RE: HEARING - 1968 UNIFORM ELECTRICAL CODE - Fie 1-6 Public hearing was declared opened. There being no one appearing either for or against, the hearing was declared closed. CHARTER ORDINANCE NO. 954 - An ordinance amending Chapter 12.20 of the San Rafael Municipal Code by adopt- ing by reference the 1968 Edition of the Uniform Electrical Code and the Secondary Code referred to there- in being the National Electrical Code, 1968 with certain changes, additions and deletions thereto, and numbering Charter Ordinance No. 954 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: COMMUNITY SERVICE CENTER - File 4-3-38 No discussion was held on this item as the council had met recently with the Chamber of Commerce and Robert Severin and explained the plan to them. RE: COURT HOUSE SITE - File 124 Acting City Manager, James McCown informed the council of his discussions with Mr. Alan Bruce, County Administrator, relating to items that were important to both the city and the county in the matter of the court house site such as the parking, traffic and maintenance of the building. A report of the meeting will go to the Board of Supervisors and the discussions will continue when Mr. Bruce returns from his vacation. REi CORPORATION YARD - File 12-4 x 4-1-156 Acting City Manager, James McCown reported two bids were received on the Corporation Yard, both ov er the architect's estimate. Rapp Construction Company of California $ 279,997.00 Campbell Construction & Equipment Co. $ 289,289.00 Mr. Severin analyzed the bids and the council discussed with him a modification of the plans to reduce the price. Mayer Bettini appointed a committee consisting of Mr. Jensen and himself to go over the items with Robert Severin, the architect, and then at a special meeting of the council a decision could be made as to whether or not to proceed with the project. RE: ABATEMENT - 201 LOCUST AVENUE - File 3-3 General City Planner, Herbert Hotchner presented a written report to the council. This report concerned an in- spection made of the premises on September 3rd by representatives from the Building Inspection Department, Planning Department, Department of Public Works, Department of Public Health -Division of Environmental Health. Mr. Hotchner spoke of a meeting with the property owners and also with the neighboring residents. The property owners have expressed agreement with the work required by the city code and will submit a schedule of work to be performed, Mr, Alan Dortmand representing 44 of the neighboring residents stated that they are satisfied with the conditions set forth and that they would be vigilant in seeing that the conditions were carried out. As everyone appeared to be in agreement, the matter was declared closed with the authorization to proceed along the lines outlined. RE: DRAINAGE AND FLOOD CONTROL - EAST SAN RAFAEL DRAINAGE PROBLEM - File 12=9 Director of Public Works,. Norris Rawles reported that one section of the dike was being repaired by the property owner, Francisco Company, and that some of the property owners are getting together to correct the drainage problem dor the whole area. Also letters have been sent from the Public Works Department to the property owners of the whole area informing them of the potential serious flooding. Henry ''Babe'' Ghilotti, owner of 27 acres on the south side of Highway 17 addressed the council expressing concern for the flooding that will occur this winter unless the dike is repaired soon, and necessary drainage pipe in- stalled. He suggested that the city council contact the State and Federal authorities for assistance and also urged the council to consider a larger area for a drainage assessment district. Acting City Manager, James McCown, was requested to get copies of the minutes of previous council meetings pertaining to this item, and Director of Public Works, Norris Rawles was asked to get information regarding flood control district. City Attorney, David Menary, Jr. will look into the legal action that can be taken. RE: CHARTER ORDINANCE NO. 956 - COUNTY ASSESSOR'S PARCEL 175-060-10, KNOWN AS ''QUAIL HILL'' - Final - Adoption - File 10-3 CHARTER ORDINANCE NO. 956 - 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 4(4 reclassify certain real property from a P -C (Planned Community) District to a P -C (Planned Community) District, and numbering Charter Ordinance No. 956 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: PARKING AND PARKING LIMITS - CHARTER ORDINANCE NO. 957 - Final Adoption - File 11-8 CHARTER ORDINANCE 957 - An ordinance prohibiting parking on Fourth Street between "E" Street and Lincoln Avenue between the hours of 3:00 a.m. and 6:00 a.m.; and restricting the parking of certain vehicles on all streets for more than 24 consecutive hours and numbering Charter Ordinance No. 957 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: PERSONNEL - File 7-5 Acting City Manager, James McCown read a letter from the Chief of Police Charles J. Chiesa stating his intention to retire effective October lst, 1969. Motion was made by Councilman Jensen, seconded by Councilman Robbins, that the resignation be accepted and a resolution be adopted thanking Chief Chiesa for his years of service wishing him years of happiness in his retirement. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen Mayor Bettini asked the council to consider immediately the appointment of a new Police Chief to fill out the unexpired term of Chief Chiesa. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that Joseph Brusatori, Deputy Chief be appointed effective October 1st, 1969. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PARKING AND PARKING LIMITS - File 11-8 An ordinance prohibiting parking on public streets between the hours of 12:00 o'clock midnight and 6:00 a.m. of the same day, and numbering Charter Ordinance No. 958 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen:Barbier, Jensen, Robbins, Jr. Noes: Councilmen: Mayor Bettini Absent: Councilmen: Miskimen Motion was made by Councilman Jensen, seconded by Councilman Barbier, that Ordinance No. 958 be passed to print. RE: EXTENSION OF TIME TO SUBDIVISION AGREEMENT FOR TERRA LINDA UNIT 21-A - File 5-1-197 Director of Public Works, Norris Rawles presented a resolution extending time for the completion of im- provement work in that agreement between City of San Rafael and Alameda Homes Corporation. RESOLUTION NO. 3822 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEME,T WORK. (Extended to March 31, 1969) Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: DRAINAGE AND FLOOD CONTROL - File 12-9 Motion was made by Counciman Jensen, seconded by Councilman Barbier, that the PUblic Works Department be authorized to spend $1,000.00 to clean the drainage ditch on Seaway to improve drainage and prev ent flooding of the city street. Ayes: Councilmen:Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: SLIDE - REPAIRS AT 49 IRWIN STREET, PRIVATE PROPERTY - File 12-16 Director of Public Works, Norris Rawles explained that owner B. W. Todd requests permission to close a portion of Irwin Street part-time and also utilize the city's right-of-way to "key" the fill. Motion was made by Councilman Jensen, seconded by Councilan Barbier, that permission be granted providing no cost to the City of San Rafael, half of street to be kept open at all times, $10,000 bond and a Certificate of Liability Insurance, protecting the city, a grading permit from the City of San Rafael and all work to be under control of soils engineer. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilman: None r__ 4(J Absent: Councilmen: Miskimen RE: FREEWAYS AND STATE HIGHWAYS (Sir Franciss Drake Blvd.) - File 11-16 County of Marin proposes to do a Federal Aid Secondary project to realign a portion of the roadway at the top of the hill connecting Highway 17 with Sir Francis Drake Boulevard, Greenbrae. City of San Rafael would like to incorpora to a possible future connection in with the roadway design at this time. The council had no question on this matter and directed the Public Works Department to proceed on this as proposed. RE: ENCROACHMENT PERMIT NO. 180 - NORMAN S. W. LEW, APPLICANT, 351 KNIGHT DRIVE - File 2-11 Director of Public Works, Norris Rawles presented the application of Norman S. W.Lew, 351 Knight Drive, Lot 23, Glenwood Forest Unit No. 2 for an encroachment permit to construct screen block fence, 3 feet high, along the northwesterly side lot line to the back of the existing sidewalk. Motion was made by Councilman Barbier, seconded by Councilman Robbins, to grant Encroachment Prmit No. 180. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: CONTRACT EXTENSION OF TIME FOR PROJECT NO. 41-2001 (69.116-3) - RESURFACING OF EXISTING STREETS AT VARIOUS LOCATIONS - File 4-1-155 Director of Public Works, Norris Rawles explained the necessity of extending time on this project because of the replacement to an existing water main in one of the streets to be overlayed and the completion of the installation of telephone underground facilities in Francisco Boulevard. Motion was made by Councilman Jensen, seconded by Councilman Robbins, that resolution extending time for the coinpletion of the contract Project No. 41-2001 be adopted. RESOLUTION NO. 3823 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. (Extended to and includ- ing the 31st day of October, 1969) Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: RECREATION - File 12-15 The City Council discussed the possibility of enacting an ordinance requiring subdivisions to set aside land for recreation purposes. City Planner, Herbert Hotchner was authorized to work in cooperation with the PUblic Works Department to formulate a plan and present it to the Planning Commission for their re- view and recommendation. RE: ZONING ORDINANCE AMENDMENT (Map Change) - File 10-3 The Planning Commission set October 6th for a public hearing on the zoning ordinance amendment - a 3.67 portion ofrAith Lutheran Church property on Northgate Drive from R-1-13-1 (S:ingle Family Residential) District to A -P (Administrative -Professional) District. RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Robbins, that Jack Coates, Chief Building Inspector attend the Building Inspection Conference in San Diego, September 29th - October 5th. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Barbier, seconded by Councilman Robbins, that Ardie Howell, Maintenance 1 Mar;, Parks & Recreation Department be granted a leave of absence without pay for a period of 6 to 7 weeks !from September 1st. 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, that Robin L. Prosch be placed on the regular payroll as Fireman commencing September 16th at the monthly salary of $739.00, Range 14, Step A, to fill existing vacancy. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen Motion was made by Councilman Jensen, seconded by Councilman Robbins, that Myra L. Davey be placed on the regular payroll as Typist -Clerk 1, commencing September 15th at the monthly salary of $453.00, Range 4, Step A, to fill existing vacancy. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen 476 RE: SLIDE REPAIRS - FARIHILLS DRIVE - File 12-16 Y Director of Pubic Works, Norris Rawles reported that the contract agreement between four property owners in Fairhills Drive, the city and the contractor had been prepared. Motion was made by Councilman Jensen, seconded by Councilman Robbins, the Mayor and City Clerk were authorized to sign the agreement. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated September 15th, 1969, and Adv to on Payroll dated September 19th, 1969, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 42,236 87 PARKS FUND 1,695.14 LIBRARY FUND 1,011.11 EMPLOYEE.RETIREMENT FUND 19,207.07 EQUIPMENT & REPLACEMENT FD. 4,747.35 STORES 128.00 CAPITAL IMPROVEMENT FUND 7,341.87 PARKING DISTRICT #1 FUND 114.25 $ 76,481.66 Payroll: GENERAL FUND $ 86,635.36 PARKS FUND 3,897.50 LIBRARY FUND 4,166.75 94,699.61- Council ,99. 1 Council adjourned. MARION A. GRADY, City N erk Approved this (off'/- day of a t 7a/ e, 19 4/;' MAYOR OF THE CITY OF SAN RAFAEL I.. --j r -p--, In Room 201 of the City of San Rafael, Friday, September 19th, 1969 at 5:15 P.M. Special Meeting: RE- CORPORATION YARD BIDS - File 12-4 x 4-1-156 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Fred C. Robbins, Jr., Councilman Absent: Harry A. Barbier, Councilman John A. Miskimen, Councilman Mayor Bettini reported that he and Mr. Jensen had met with Architect Robert Severin to review the plans for the Corporation Yard. City Attorney, David Menary, Jr. has ruled that portions of the building can not be deleted nor major changes made in the plan and the contract then awarded to the low bidder. Motion was made by Councilman Robbins, seconded by Councilman Jensen, to reject both bids. Ayes: Councilmen: Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier, and Miskimen A discussion was held regarding the re-establishing of the project within the limits of $180.00. Mr. Severin will present plans to the council within the limits outlined. There being no further business, the council adjourned. MARION A. GRADY, City Clerk Approved th i s a //, day of 0.- /"/,,_ 19�. 6 W 4 5: CCC <s -G MAYOR OF THE CITY OF SAN RAFAEL Tib In Room 201 of the City of San Rafael, Monday, October 6th, 1969 at 7:00 p.m. Special Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman JI RE: CITY MANAGER - File 9-3-+ x 7-5 The City Council met to review applications for the position of City Manager. Council adjourned. MARION A. GRADY, City Clerk Approved this aGf,L day of O��h� 19 QI MAYOR OF THE CITY OF SAN RAFAEL V r__. 4a9 In the Council Chambers of the City of San Rafael, Monday, October 6th, 1969 at 8:00 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 RE: APPROVAL OF MINUTES Motion was made by Councilman Barbier, seconded by Councilman Miskimen, the minutes of September 15th and September 19th, 1969, a true and correct copy having been heretofore submitted to each member, were approved. RE: PERSONNEL - File 7 -5 - City Clerk, Marion A. Grady administered the Oath of Office to Police Chief Joseph J. Brusatori. RE: PUBLIC HEARING - APPEAL OF USE PERMIT 69-67, MRS. KATHRYN CARDOZA, APPELLANT - File 10-4 Public hearing was declared opened. Mr. Gil Medeiros, attorney, representing Mrs. Cardoza requested that the council postpone the haring at this time as Mrs. Cardoza is still processing her application for license with the Marin County Department of Social Services. Mr. Jack H. Feller, Jr. spoke on behalf of a number of residents of the area stating that it was inconvenient for them to have the matter postponed as they had rearranged their personal schedules to be present at the meeting tonight. The City Council agreed have Mr. Feller present his case and he then spoke of the objections of the neighbors to the child care facility which Mrs. Cardoza is proposing. The matter was continued to the meeting of October 20th for Mr. Medeiros' presentation. RE: PUBLIC HEARING - CIVIC CENTER ANNEXATION - File 5-2-46 Public hearing was declared opened. City Planner, Herbert Hotchner addressed the council concerning the next steps to b e taken in this matter. Two persons spoke in opposition to the annexation, Sesto F. Lucchi, President of the Las Gallinas Valley Sanitary District Board, and Walter Rudolph a resident of Gallinas Village which is just outside the annexation. The hearing was declared closed. RESOLUTION NO. 3824 - RESOLUTION FINDING AND DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE AGAINST THE ''CIVIC CENTER ANNEXATION'' AND APPROVING SUCH ANNEXATION AND ELECTING TO PROCEED THEREWITH. Motion was made by Councilman Robbins, and seconded by Councilman Miskimen, this resolution be adopted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None An ordinance of the City of San Rafael approving the annexation to said City of certain uninhabited territory to be known as ''Civic Center Annexation'', and numbering Charter Ordinance No. 959 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) - File 10-3 Public hearing was declared opened. City Planner, Herbert Hotchner stated that this rezoning was in conjunction with the resubdivision of two lots. The main purpose was to straighten out the property line between the church property and the A -P zoned property to the west which it abutts. There being no one appearing either for or against the zoning, the hearing was declared closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Charter Ordinance No. 960 was passed to print. An ordinance amending the zoning map of the City of San Rafael, California adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a R-1-13-1 (Single Family Residential and combined B-1) District to A -P (Administrative - Professional) District, and numbering Charter Ordinance No. 960 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Darbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL PLANNING COMMISSION DENIAL AA 69-72, SIMAS SERVICE STATION, 1103 THIRD STREET - File 10-7 Public hearing was declared opened. City Planner, Herbert Hotchner briefed the council on the reasons for the denial by the Planning Commission of the application for a freestanding sign. In the past few years service stations have willing removed this type of price sign in an effort to clean up the city and the Planning Commission would not like to see them reinstated. Mr. Rod Robinson, attorney, re- presenting the owner stated that the City Planning Commission's objection was not to the size of the sign but to the copy indicating price of gasoline. He felt that it was not unusual for the operator of a service station to let the public know what the price of their product is. Mr. Robert Moore, represent- ing the Marin Independent Service Station Association stated that they had met with the City Planning Director several years ago, and agreed to remove all signs displaying prices. He referred to the need for a strong sign ordinance in the City of San Rafal to eliminate ''sight pollution''. Pictures were presented to the council of various Simas stations in the Bay Area. Mr. Ed Brindel, President of the X80 Marin Independent Service Station Association also spoke opposing the approval of this application. Councilman Jensen moved that the appeal be sustained and referred back to the Planning Commission to decide on architectural approval. The motion was seconded by Mayor Bettini and the following vote: Ayes: Councilmen: Jensen and Mayor Bettini Noes: Councilmen: Barbier, Miskimen and Robbins, Jr. Absent: Councilmen: None The appeal was denied. RE: COURT HOUSE SQUARE - File 124 Acting City Manager, James McCown read a proposed draft of a memorandum of agreement which he and County Administrator Alan Bruce had worked out. The council discussed the various items of the proposal per- taining to demolishing the court house, installing metered parking on the property and the reriAl of the coLrt house annex. The matter was referred to Acting City Manager, James McCown, and City Attorney, David Menary, Jr. for reworking and resubmitting to the City Council. Also, addressing the council on this matter was Mr. Mozart Kaufman, Mr. Clifford Lund, David Fyfe, representing the Cheda Estate Company and others. RE: COMMUNITY CENTER - File 4-3-38 Architect Robert W. F. Severin presented a revised proposal for the recreation center at Albert Park, and adjoining land scaling the cost down to about $350,000.00. Charles L. Tacchi, Chairman of the Parks and Recreation Commission also discussed the proposal, The city council instructed Mr. Severin to proceed with the site plan and prepare drawings of both fire house and recreation center to give the public an idea of how they will appear when completed. Acting City Manager, James McCown was requested to get cost figures and an appraisal of the properties and to arrange a meeting between the Fire Commission and Park Committee regarding the architectural details. Councilman Barbier asked to be excused from the meeting. RE: CORPORATION YARD - File 4-1-157 x 12-4 RESOLUTION NO. 3825 -RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR CORPORATION YARD. Bid opening 8:00 o'clock P.M. Monday, the 3rd day of November, 1969. Ayes: Councilmen: Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: PARKING AND PARKING LIMITS - CHARTER ORDINANCE NO. 958 - Final Adoption - File 11-8 CHARTER ORDINANCE NO. 958 - An ordinance prohibiting parking on public streets between the hours of 12:00 o'clock midnight and 6:00 a.m. of the same day, and numbering Charter Ordinance No. 958 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes:Councilmen: Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes;Councilmen: None Absent: Councilmen: Barbier Councilman Barbier returned to the meeting. RE: TRAFFIC SIGNALS - INTERSECTION OF BELLAM BOULEVARD, AND ROUTE 17 RAMPS AND FRANCISCO BOULEVARD - File 11-10 A request by the California Division of Highways for city participation in a $80,000.00 traffic installa- tion was rjected. Director of Public Works, Norris Rawles was told to seek State agreement to a less expensive and complicated program. RE: TRAFFIC SIGNAL INSTALLATIONS - PROJECT 41-2015 (69.307-2) - EXTENDING TIME - File 4-1-154 Resolution extending time between City of San Rafael and Steiny & Mitchel, Inc. was presented. RESOLUTION NO. 3826 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. (Extended to and in- cluding the 3rd day of November, 1969) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: UTILITIES AGREEMENT NO. 523.52 STATE OF CALIFORNIA - CITY FIRE ALARM FACILITIES ON THIRD STREET - File 4-10-46 Resolution authorizing the Mayor and City Clerk to sign an agreement with the State of California for relocating City Fire Alarm Facilities on Third Street was presented. RESOLUTION NO. 3827 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None �E: ENLROA.CHMENT PERMIT NO. 181 - MRS. A. M. LYNCH - 39 MOUNTAIN VIEW AVENUE - File 2-11 Request of Mrs. A. M. Lynch, 39 Mountain View Avenue for garage encroachment of (4) feet into the 481 unimproved portion of the Linden Lane right-of-way was granted and the matter referred to the Planning Department for variance. Motion was made by Councilman Barbier, seconded by Councilman Jensen, authorizing Encroachment Permit No. 181. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT NO. 183 - MR. ROBERT KANTER - File 2-11 Mr. Kanter requests council approval for the construction of concrete footing piers and driveway ramp connection to the public street as part of his new home construction to be locaped at 40 Hillside Avenue, Ramp encroachment into the right-of-way will vary from 18 to 21 feet. Motion was made by Councilman Jensen, seconded by Councilman Barbier, authorizing Encroachment Permit No. 183. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC AND TRAFFIC CONTROL - File 11-1 Director of Public Works, Norris Rawles reported on various Traffic Committee recommendations. The matter of making Lochinvar Road a through stteet with all connecting streets a stop street was held over to the meeting of October 20th. Motion was made by Councilman Barbier, seconded by Councilman Jensen, that East Francisco Boulevard be restriped making holding lanes (left hand turns). Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: C ouncilmen: None RE: DRAINAGE AND FLOOD CONTROL - File 12-9 Director of Public Works, Norris Rawles submitted a copy of a letter from the County Department of Public Works supplying information for the formation of a County Flood Control and Water Conservation District. RE: CAPITAL IMPROVEMENT PROGRAM 1969-70- File /,?-/ ',� /-/ - 3-416 ,— In accordance with a report submitted by the Department of Public Works, Ely Caillouette, Jr., City En- gineer, it was moved by Councilman Barbier, seconded by Councilman Miskimen and carried that Coleman Associates be retained as consulting engineers for the two sanitary sewer projects (stages 2 and 3 of the Coleman Report) and the Albert Park Lighting Project. The question of additional assistant civil en- gineers for competion of other Capital Improvement Projects was held over until October 20th, 1969. REQ. GLENWOOD KNOLLS SUBDIVISION - Final Map - File 5-1-199 City Planner, Herbert Hotchner briefed the council on the conditions required by the Planning Commission for the approval of this map. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the City Clerk was authorized to sign the resolution approving the final map. RESOLUTION NO. 3831 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED ''GLENWOOD KNOLLS''. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT NO. 184 - WILLIE WEBER, 3 PARK RIDGE ROAD - File 2-11 Direc for of Public Works, Norris Rawles recommended that the applicant be granted encroachment permit to construct reinforced decorative block retaining wall along Las Gall inas Avenue at Park Ridge Road, San Rafael Park Unit 2 Subdivision. Motion was made by Counciman Barbier, seconded by Councilman Miskimen, to grant Encroachment Permit No. 184. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ZONING TEXT AMENDMENT - PERMIT CITY CLERK TO SET DATES FOR PUBLIC HEARINGS - File 10-3 Section 14.92.050(a) to clarify the section and to permit the City Clerk to set dates for public hearings of the City Council on text and map amendments to Title 14. Public hearing set for October 20th, 1969. RE: AGREEMENT - LEAGUE OF WOMEN VOTERS OF SOUTHERN MARIN AND CENTRAL MARIN AND CITY -COUNTY PLANNING COUNCIL, AND MARIN COUNCIL FOR CIVIC AFFAIRS - File 4-3-39 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to authorize the Mayor and City 46' Clerk to sign an agreement with League of Women Voters of Southern and Central Marin, the city contribu- tion being $25.00 toward expenses of a league sponsored housing conference. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None "E: AGREEMENT - SAN RAFAEL SCHOOL DISTRICT FOR RECREATION PROGRAM - 1970-71 - File 4-7 A letter from School Superintendent John F. Plank notifying the city tha t the city schools may pull out of the financial participation in the city recreation program. Parks and Recreation Director, Andrew Snyder was requested to present to the council within 30 days proposals for reduction in the recreation program which would result from loss of school support. RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to place Claude E. Earwood on the Regular Payroll as Electrician's Helper commencing October 16th, 1969 at the monthly salary of $638.00, Range 9-C. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Barbier, that Charles E. Roberts, Equipment Operator, Public Works Department be granted a leave of absence without pay for a period of three months from September 15th. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made b y Councilman Barbier, seconded by Councilman Miskimen, to place Jane Hansen on the re- gular payroll as Typist Clerk 1 commencing September 16th, at the monthly salary of $453.00, Range 4-A to fill existing vacancy. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Counc7lmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-3 RESOLUTION NO. 3830 - RESOLUTION FIXING THE TIME AND PLACE OF PUBLIC HEARING ON AMENDMENT TO RESOLUTION NO. 1696 ENTITLED ''PERSONNEL SYSTEM RULES AND REGULATIONS OF THE CITY OF SAN RAFAEL'' AND FIXING THE POSTING OF SUCH AMENDMENT AND NOTICE THEREOF. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Public hearing set for October 20th, 1969. RE: EMPLOYEE RULES AND REGULATIONS - File 7-2 RESOLUTION NO. 3828 - RESOLUTION PROVIDING A 63 HOUR WEEK FOR THE FIRE DEPARTMENT OF THE CITY OF SAN RAFAEL. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EMPLOYEE RULES AND REGULATIONS - File 7-2 An ordinance of the City of San Rafael deleting Columbus Day as a holiday and substituting therefor the day following Thanksgiving, and numbering Charter Ordinance No. 962 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: MARIN SANITARY SERVICE - File 4-3-32 RESOLUTION NO. 3829 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Marin Sanitary Service) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The Mayor and City Clerk were authorized to execute a lease or agreement amending the contract with Marin Sanitary Service. RE: SAN PEDRO ROAD PHASE IV - File 4-13-•14 Acting City Manager, James McCown to communicate with County Board of Supervisors to ask when this pro- ject will be continued. RE: CATV - File 9=7-4 Councilman Robbins requested that CATV be put on the agenda for October 20th. RE: EMPLOYEE RULES AND REGULATIONS - File 7400 Councilman Miskimen asked when the City Employees Association would decide on the type of health insurance they wanted. RE: FLAG - File 132 The council discussed informally Mr. Miskimen's suggestion for design of a City flag. The council adjourned in memory of Alma Tanzi, wife of Ernest Tanzi employee of the City of San Rafael in the Garage Department. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated October 6th, and Advice on Payroll dated October 3rd, 1969, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 39,606.74 PARKS FUND 2,251.97 LIBRARY FUND 5,308.01 EMPLOYEE RETIREMENT FUND 25,082.95 EQUIPMENT & REPLACEMENT FUND 1,456.23 STORES FUND 62.96 CAPITAL IMPROV:EMENT FUND 24,026.95 CAPITAL IMPROVEMENT GAS TAX 17,212.68 PARKING DISTRICT NO. 1 FUND 842.40 MARGARET McDONALD MEMORIAL FUND 75.00 $115,925.89 Payroll: GENERAL FUND 91,362.83 PARKS FUND 3,916.00 LIBRARY FUND 4,308.14 $ 99,586.97 MARION A. GRADY, City Clerk Approved this -�/,"// . day of r) c /'/ c' ,--- 19 p MAYOR OF THE CITY OF SAN RAFAEL 464 In Room 201 of the City of San Rafael, Monday, October 20th, 1969 at 7:00 P.M. Special Meeting: RE: CITY MANAGER - 9-3-11 x 7-5 Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman The City Council met to consider the hiring of a City Manager. MARION A. GRADY, City Clerk Approved this ., L�day of XlyP�z !e,19 A6 MAYOR OF THE CI OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, October 20th, 1969 at 8:00 o'clock 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 RE: APPROVAL OF MINUTES 481), Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of October 6th, 1969, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - APPEAL PLANNING COMMISSION CONDITION OF APPROVAL USE PERMIT 69-70 - BURT CAPEL - File 10-5 City Planner, Hebbert Hotchner, informed the council that the Planning Commission had approved Mr. Capel's request for a sign subject to the two existing signs being lowered so as not to project above the roof line. Mr. Burt Capel addressed the council, and stated that the present existing signs were installed in full compliance and with the approval of the Planning Commission at that time. He felt that installeing the new sign should be judged on its own merits and that permission to install the new sign should not be contingent on lowering the present signs. The hearing was declared closed. Motion was made by Councilman Robbins, seconded by Councilman Jensen, that the appeal of Mr. Capel be sustained. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL OF USE PERMIT 69-67 - MRS. KATHRYN CARDOZA - File 10-4 Mrs. Kathryn Cardoga has requested withdrawal of her appeal. RE: PUBLIC HEARING - PERSONNEL - File 7-3 Public hearing was declared opened. Councilmen discussed the question of reviewing the annual vacation leave. Acting City Manager, James McCown was requested to make a study of the proposals relative to vacation leave to determine what the cost to the city would be, and report back to the council at the meeting of November 17th. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to adopt Resolution No. 3833• RESOLUTION NO. 3833 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING RESOLUTION NO. 1696 ENTITLED ''PERSONNEL SYSTEM RULES AND REGULATIONS OF THE CITY OF SAN Rafael. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins,and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - ZONING TEXT AMENDMENT SECTION 14.92.050(a) - PERMITTING CITY CLERK TO SET DATES FOR PUBLIC HEARINGS OF THE CITY COUNCIL ON TEXT AND MAP AMENDMENTS TO TITLE 14 - File 10-3 Public hearing was declared opened. City Planner, Herbert Hotchner briefed the council on the reasons for the text amendment. There being no one appearing for or against, the hearing was declared closed. An ordinance of the City of San Rafael amending Section 14.92.050 of the San Rafael Municipal Code so as to permit the City Clerk to set dates for public hearings by the City Council on Text and Map Amendments to Title 14 of the San Rafael Municipal Code (Zoning), and numbering Charter Ordinance No. 961 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini GNoes: Councilmen: None Absent: Councilmen: None RE: COMMENDATION - CHARLES J. CHIESA - File 102 i I Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to adopt Resolution No. 3832• (RESOLUTION NO. 3832 - RESOLUTION OF COMMENCATION FOR CHARLES J. CHIESA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPOINTMENT OF CITY MANAGER - JAMES H. McCOWN - File 7-5 x 9-3-11 Motion was made b y Councilman Barbier, seconded by Counc'lman Jensen, James H. McCown was appointed to the position of City Manager at a salary of $20,000.00 per year. Councilman Miskimen and Councilman/voted' against the appointment stating that they were not doing their duty in hiring the City Manager without interviewing some of the 67 applicants who had applied for the position. Mayor Bettini commented that he 466 felt that Mr. McCown had demonstrated his ability in the three months that he held the position as Act- ing City Manager. Councilman Robbins stated that he felt that Mr. McCown was qualified and changed his vote to yes. Councilman Miskimen also stated that his vote was not intended as a personal reflection against Mr. McCown, changed his vote to yes, and the appointment was unanimous. R1:: CIVIC CENTER ANNEXATION - File 5-2-46 Mr. Frank Soloman of the Marinwood Community Services District Board addressed the council stating that this body was unanimously opposed to the annexation. The council pointed out that all steps they have taken in this matter to date have been legally correct. Motion was made by Councilman Jensen, seconded by Councilman Robbins, to adopt Charter Ordinance No. 959• CHARTER ORDINANCE NO. 959 - An ordinance of the City of San Rafael approving the annexation to said City of certain uninhabited territory to be known as ''Civic Center Annexation'', and numbering Charter Ordinance No. 959 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ZONING ORDINANCE AMENDMENT (Map Change) - A PORTION OF COUNTY ASSESSOR'S PARCEL 174-060-14 ON NORTH - GATE DRIVE - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 960 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Munl¢ipal Code of San Rafael, California, so as to re- classify certain real property from a R-1-13-1 (Single Family Residential and Combined B-1) District to a A=P (Administrative -Professional) District and numbering Charter Ordinance No. 960 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen,Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen:, None RE: EMPLOYEE RULES AND REGULATIONS - Final Adoption - File 7-2 CHARTER ORDINANCE NO. 962 - An ordinance of the City of San Rafael deleting Columbus Day as a holiday and substituting therefor the day following Thanksgiving, and numbering Charter Ordinance No. 962 was passed and adopted as an ordinance of the City of San Rafael by the follovii,ng vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC SIGNALS - SCHOOL CROSSING - File 11-10 x 11-17 x 101 A petition signed by approximately 110 parents and teachers of Coleman School children was presented to the City Council requesting a manually operated stop light at Lincoln and Paloma Avenue, a traffic officer at the intersection of Lincoln and Paloma Avenue to assist the children crossing the street dur- ing the times when the children will be walking to and from school and caution signs at intervals up Prospect and Coleman Street. Mr. Charles W. Pierce, Mrs. Jeanette Hill and Mrs. Patricia Wolk all spoke relative to the need for these safety measures as school bus service to Coleman School is to be dis- continued upon completion of the Highway 101 overpass from Paloma to Belle Avenue in December. Others addressing the council were Miss. Edwina Ccdoni and Mr. Jeremy Dwyer. Director of Public Works, Norris Rawles reported that the Traffic Committee had studied tis matter and recommended a traffic crossing guard. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that $10,000.00 be appropriated from the reserves of the Public Works Department for a traffic light and the Police Department assign a crossing guard to help the Coleman students cross Lincoln Avenue and referred the matter to the Traffic Committee to consider the location of the traffic light. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL MUNICIPAL GOLF COURSE - File 12-15 Mr. Del Davis of EBS Management Consultants, Inc. presented a Feasibility Study of the San Rafael Muni- cipal Golf Course. The Council questioned Mr. Davis on various findings covered in the report and dis- cussed the possibility of having to subsidize the program from city funds should it not be a self-support- ing opration. The decision to ask for vote of the people was reexamined and it was pointed out that this would be a meaningful addition to recreational facilities in central Marin and that it would leave a large area of open space which is desirable. Motion was made by Councilman Miskimen, seconded by Councilman Robbins, the City Manager was authorized to move forward with non-profit corporation to accomplish the development of a Golf Course. Ayes: Councilmen: Barbier, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: Jensen Absent: Councilmen: None RE: ZONING ORDINANCE - REQUEST FOR AMENDMENT - File 10-1 Mr. David Elliot Stovel addressed the council and presented a request by a group of Marin Architects and Landscape Architects for zoning ordinance amendment in the matter of six foot limit on fencing, screening and landscaping, and the restriction of a 36 inch limit in the first fifteen feet on abutting property 4b lines. The matter was referred to the Planning Director. RE: TRAFFIC SIGNALS - 4TH & "H" STREETS - File 11-10 Director of Public Works, Norris Rawles explained to the council that Mayfair Market had requested that the city pay one-half of the estimated cost of $15,000.00 for modifying the traffic signals at 4th and "H" Streets. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the council authorized the ex- penditure of $7,500.00 on a new signal with Mayfair Market also paying $7,500.00. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: GRAN-` DEED FOR STREET RIGHT-OF-WAY - NOVA ALBION WAY - File 2-2 Motion was made by Councilma" Jensen, seconded by Councilman Barbier, Grant Deed for Street Right -of -Way Nova Albion Way was accepted. RESOLUTION NO. 3836 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY - NOVA ALBION WAY. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: STREET NAME CHANGE - LOCKWOOD DRIVE, WEST TO FRIAR TUCK LANE - File 11-2 City Planner, Herbert Hotchner explained to the council that a confusion of names exists because of Lock- wood Drive, East and Lockwood Drive, West. The Planning Commission at its meeting of October 14th re- commended that Lockwood Drive, West be renamed with such renaming to be effective April 1st, 1970. RESOLUTION NO. 3834 - RESOLUTION AFFIRMING THE RECOMMENDATION OF THE PLANNING COMMISSION OF THE CITY OF SAN RAFAEL IN CONNECTION WITH THE RENAMING OF LOCKWOOD DRIVE WEST TO FRIAR TUCK LANE. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: AGREEMENT WITH PACIFIC GAS AND ELECTRIC - File 4-4 Resolution authorizing the Mayor and City Clerk to execute an agreement with the Pacific Gas and Electric for installation of electrical facilities at Freitas Park was presented. RESOLUTION NO. 3835 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent;Councilmen: None RE: ELIGIBILITY LIST FOR PATROLMAN - File 7-4 Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the Certification of Eligibility List for Patrolman datedOctober 13th, 1969 be accepted and filed. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Jensen, that the following personnel be placed on the regular payroll: (a) Sylvanus K. Bradeen on the regular payroll as Tree Climber commencing October 13, at the monthly salary of $638.00, Range 11-A. (b) Roger L. Downward on the regular payroll as Patrolman commencing November 1st, 1969 at the monthly salary of $835.00, Range 14a -C. (c) Richard Michaelson on the regular payroll as Patrolman commencing November 1st, 1969 at the monthly salary of $757.00, Range 14a -A. (d) Bruce L. Thompson on the regular payroll as Maintenance Man 1 commencing October 27th, 1969 at the monthly salary of $670.00, Range 9-D. (e) William A. Mohler on the regular payroll as Patrolman commencing November 1st, 1969 at the monthly salary of $757.00, Range 14a -A. (f) Anthony T. Hoke onthe regular payroll as Patrolman commencing November lst, 1969 at the monthly salary of $757.00, Range 14a -A. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None i88 RE: DRAINAGE AND FLOOD CONTROL - File 12-9 City Manager, James McCown informed the council that there had been meetings with property owners in EAst San Rafael in connection with an assessment district for the drainage of the area. The owners of Francisco Company want a letter from the City stating that the outer levee will not be required to come into the assessment district. They will maintain the levee at this time and at the time of development of the property will reconstruct the levee to City standards and no further development of the area will be permitted until the levee is built to City standards. Discussion ensued relative to covenants running with the land and City Attorney David Menary was instruc ted to make a study of this and the matter was continued for two weeks, City Attorney, David Menary, Jr. reported on a letter he had received from the Attorney General wanting to know if the City wished to join in a suit against the Automobile Manufacturers Association, Ford and Geneal Motors regarding a conspiracy to prevent the development of smog control devices in auto- mobiles. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated October 20th, 1969, and Advice on Payroll dated October 20th, 1969, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIRMENET EQUIPMENT & REPLACEMENT STORES CAPITAL IMPROVEMENT GAS TAX PARKING DISTRICT NO. 1. Payroll: Council adjourned. GENERAL FUND PARKS FUND LIBRARY FUND $ 16,674.37 98.17 120.00 19,103.89 FUND 2,786.64 242.88 994.83 561.02 975.00 A.At, 556_: 80 86,256.57 4,222.99 4,062.75 $ 94,542-31 MARION A. GRADY, City Clerk Approved this 2 day of de,,, /,p f 19 -",r MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, November 3rd, 1969 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 6t Motion was made by Councilman Jensen, seconded by Councilman Robbins, the minutes of October 20th, 1969, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - PLANNING COMMISSION'S DENIAL OF VARIANCE PERMIT V-69-21 - VIRGINIA ESCALLIER - File to -4 Colin C. Claxon, attorney for Mrs. Escallier has requested continuance in this matter. Public hearing continued to November 17th, 1969. RE: CORPORATION YARD - File 4-1-157 x 12-4 The following bids were received, opened and read: Bidder Base Bid Alternate #1 Alternate #2 Alternate #3 Stenmark Const. Co. 227,990 5,900 3,000 3,800 Page Const. Co. 195,400 4,100 3,954 4.836 Larkins Const. Co. 198,885 23,868 1,202 4,000 Wilner Const. Co. 206,400 26,000 1,200 3,500 Campbell Const. 193,800 6,800 2,780 4,000 Commercial Const. 180,000 - 1,000 4,500 Rapp Const. Co. 202,609 4,478 5,997 5,997 Zoellner Const. 175,509 - 1,200 4,550 Merz Bros. 177,777 2,032 1,020 4,999 Colombini Const. 179,800 16,000 1,200 4,100 L.C. Smith Bldg. 209,000 - 1,500 3,800 The bids were referred to the Architect, Robert Severin, Public Works Director, Norris Rawles and City Engineer, Ely Caillouette, Jr. for review. RE: PUBLIC HEARING - ZONING TEXT AMENDMENT SECTION 14.92.050(a) - PERMITTING CITY CLERK TO SET DATES FOR PUBLIC HEARINGS OF THE CITY COUNCIL ON TEXT AND MAP AMENDMENTS TO TITLE 14 - File 10-3 - Final Adoption CHARTER ORDINANCE NO. 961 - An ordinance of the City of San Rafael amending Section 14.92.050 of the San Rafael Municipal Code so as to permit the City Clerk to set dates for public hearings by the City Council on Text and Map Amendments to Title 14 of the San Rafael Municipal Code (Zoning), and numbering Charter Ordinance No. 961 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: Nbne Absent: Councilmen: Miskimen RE: PEDESTRIAN RIGHT-OF-WAYS, Terra Linda No. 9 - File 2-15 Resolution No. 3837 accepting conveyance of real property purchased by the City of San Rafael under Chapter 8 of the Revenue and Taxation Code for three pedestrian right-of-ways, Terra Linda No. 9 was pre- sented. Motion was made by Councilman Jensen, seconded by Councilman Robbins, to adopt said resolution. RESOLUTION NO. 3837 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: EAST SAN RAFAEL DRAINAGE - File 12-9 City Manager, James McCown reported that there had been several staff meetings concerning the drainage in East San Rafael. Property owners in the area are ready to petition the City Council for the formation of an Assessment District. City Engineer, Ely Caillouette, Jr. said there has been a request for a lot split and suggested that if a map is filed before formation of the district, the owner be required to dedicate right-of-way for street as per the general plan adopted in 1966, sign an agreement and post per- formance bond to complete the improvement within one year, fill to elevation +9, and be required to con- struct drainage. It is recommended that the assessment district be formed even though the outer levee is not included. Counc?lman Jensen suggested that at the time the assessment district is formed property owners be re- quired to set up a maintenance district. Motion was made by Councilman Jensen, seconded by Councilman Barbier, City Manager James McCown be in- structed to write to Francisco Company agreeing that the outer levee will not be included in the assess- ment district, and that the Francisco Company will maintain the levee at this time, and that no further development to the area take place. See Page 492 - Amendment to Minutes of November 3, 1969 4W RE: SELECTION OF CITY FLAG - File 132 At the request of Mayor Bettini and Councilman Miskimen, the council agreed to formulate a program to have a contest for the slection of a city flag. RE: STREET NAMING - IRWIN STREET TO NORTH IRWIN STREET - File 11-2 Planning Director, Herbert Hotchner explained to the City Council that the Planning Commission on October 28th recommended the renaming of that portion of Irwin Street lying on the east side of Highway 101, from its southerly entrance off Highway 101 to its termination at Belle Avenue, as North Irwin Street. This is a street that is bi-sected by Highway 101 and both sections being named Irwin Street has caused some confusion. Angelo Turrini, Manager United Telephone Answeriing presented a petition signed by owners of property and/or businesses on Irwin Street urging that the City Council reject the recommendation of the City Planning Commission to change the name from Irwin Street to Rafael Drive. He also presented a letter with a partial list of clients subscribing to telephone answering servi e whose mail service would be adi versely affected by a name change for Irwin Street. It is the decision of the Council that the existing name does not create enough confusion to warrant changing. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that no change of name be made. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen 4E: JOINT POWERS AGREEMENT WITH SAN RAFAEL SANITATION DISTRICT - File4-12-5 Motion was made by Councilman Barbier, seconded by Councilman Robbins, authorizing the Mayor and City Clerk to sign an Agreement with San Rafael Sanitation District for maintenance of sewer facilities and defining limits of responsibility. RESOLUTION NO. 3838 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ABATEMENT PROCEEDINGS - 609 "D" STREET - File 3-3-1`6 A report was filed by Chief Building Inspector, Jack K. Coates concerning the demolition of the building at 609 "D" Street and submitting an account of expenses. The City Council set the date of November l7th for a hearing on said notice and instructed the City Clerk to cause notice of hearing to be posted upon the property involved and published in the newspaper. RE: TELE-VUE SYSTEMS INC. (CABLE T. V.) - File 9-7-4 Mr. Leonard Bergseth, Manager, Tele-Vue Systems, Inc. presented a report to the Council, together with a) map showing the areas that have been completed todate in the installation of lines for cable television hookup. The work is accelerating due to the telephone company being able to give pole clearances and it is anticipated that all poles will be cleared by December 22nd of this year and the complete system in- stalled and in operation by June of 1970. The City Council indicated they were pleased with the new schedule. RE: PARKING AND PARKING LIMITS - File 11-8 Councilman Harry Barbier suggested that parking be banned on the east side of "G" Street between Second and Fourth Street. The matter was referred to the Traffic Committee for study and report. RE: TRAFFIC SIGNALS - LINCOLN AND PALOMA AVENUE - File 11-10' Director of Public Works, Norris Rawles reported that the Public Works Department and the Traffic Com- mittee recommended the traffic signal be installed at Lincoln Avenue and Paloma. The City Council authorized the Public Works Department to proceed with this plan. RE: DRAINAGE AND SANITARY SEWER IMPROVEMENTS - PROJECT 42-2007 (69.118) - File 12-6 x 4-1-158 Director of Public Works, Norris Rawles presented plans and specifications for drainage and sanitary sewer improvement on Beechwood Court, Jewell Street and Madrona Street. Motion was made by Councilman Jensen, seconded by Councilman Robbins, that Resolution No. 3839 be adopte . RESOLUTION NO. 3839 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PRO- JECT 42-007 (69.118) DRAINAGE AND SANITARY SEWER IMPROVEMENTS. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: LIBRARY BOARD - File 9 -2 - Letter of resignation of Harold Fulkerson from the Board of Library Trustees was presented. Motion was made by Councilman Jensen, seconded by Councilman Robbins,to accept the resignation with re- grets and with appreciation for his past services. The matter was continued for two weeks to permit anyone interested in serving on the Library Board to apply for the appointment. Vi RE: SALE OF CITY PROPERTY - UNION STREET - File 2-1-8 City Manager, James McCown explained that the listing on these properties had expired on August 3rd, 1969, and asked thecouncil if they wanted to call for bids. City Manager, James McCown was authorized to put the Union Street property up for sale and set a minimum price that would be acceptable. It was suggested that the property known as Alice Street be searched for a clear title. RE: CLAIM FOR WRONGFUL DEATH - KENNETH L. KING - File 3-1 Claim of Cynthia Ann King, for wrongful death of Kenneth L. King, husband was presented. Motion was made by Councilman Jensen, seconded by Councilman Robbins, that the claim be denied and re- ferred to the insurance carrier. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: CLAIM FOR PROPERTY DAMAGE - MR. SILVIO FOPPOLI - 52 LOCKSLY LANE - File 3-1 Claim of Silvio Foppoli for property damage caused by sewer backup at 52 Locksly Lane was presented. Motion was made by Councilman Jensen, seconded by Councilman Robbins, that the claim be denied and re- ferred to the insurance carrier. Aye= Councilmen: Barbier, Noes Councilmen: None Absent: Councilmen: Miskimen RE: PERSONNEL - File 7-5 Jensen, Robbins, and Mayor Bettini Motion was made by Councilman Barbier, seconded by Councilman Robbins, to place James W. Jackson on the regular payroll as Patrolman commencing November 15th, 1969 at the monthly salary of $757.00, Range 14a -A. Motion was made by Councilman Barbier, seconded by Councilman Robbins, to place Howard F. Chuche on the regular payroll as Maintenance Man III commencing November 4, 1969 at the monthly salary of $739.00, Range 13, Step B. Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RF_ COMMFNDATIONS - File 102 City Manager, James McCown was instructed to write a letter of appreciation to West Coast Dredging Company for its cooperation in clearing the canal so that the Yacht parade could be held Sunday. RE: STOP SIGNS - File 11-9 Director of Public Works, Norris Rawles was instruc ted to install stop signs at Lochinvar and Las Casas Drive and Balvoa Avenue. RE: UNDERGROUND UTILITIES - File 12-18 Councilman Fred Robbins reported that the Board of Directors of the Villa Real Property Owners Association is considering formation of an assessment district for undergrounding utilities. Motion was made by Councilman Jensen, seconded by Councilman Robbins, Ely Caillouette, Jr. was appointed Engineer of Work for the assessment district if formed. Ayes: Councilmen: Barbier, Jenslen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE; PARKS AND RECREATION - File 12-15 A memorandum from Parks and Recreation Director, Andrew J. Snyder, Jr. listing cuts in the recreation program due to the discontinuance of financial support by the San Rafael Board of Education was discussed. It was decided that the memorandum should be sent to the Board of Education. RE: LIBRARY - File 9-2-3 City Manager, James McCown was instructed to suggest to the City Library Board that public rest room facilities be installed in the Library. Councilman Barbier reported that at a recent conference on Housing, County Planning Director, Paul C. Zucker and asked that Planning Commissions be more lenient in allowing garages to be turned into living units. He fees that this is not good planning. I RE: FIRE STATIONS, FIRE DEPARTMENT - File 12-3 Councilman Barbier reported Fire Commission recommends that the Council budget for a new Fire Engine to be used in the Terra Linda area. All claims approved by the Finance Committee were presented and warrants ordered drawn fro same as appears from the Advice on Warrants dated November 3rd, 1969, and Advice on Payroll dated November 5th, 1969, and now on file in Finance office to which reference is hereby made for further particulars: �ziz Claims: GENERAL FUND PARKS FUND LIBRARY FUND EQUIPMENT & REPLACEMENT FUND STORES FUND CAPITAL IMPROVEMENT FUND PARKING DISTRICT NO. 1 Payroll: GENERAL FUND PARKS FUND LIBRARY FUND Council adjourned to Monday, November 17th, 1969. $ 25,862.26 1,444.11 3,639.34 204.80 500.00 33,490.58 1,013.92 $ ,155.01 95,957.39 3,546.50 4,056.13 $103,5 0.02 MARION A. GRADY, City Clerk(/ Approved this 12,,-1, day of 61�"_ �' 4;z2z10;";_ MAYOR OF THE CITY OF SAN RAFAEL ..•** RE: EAST SAN RAFAEL DRAINAGE - File 12-9 The Planning Director asked the City Council whether it was adopting as a policy of the City the standards and conditions as outlined by the City Engineer with regard to +9 elevation, dedication of right-of-way and performance bond. He indicated that if the Planning Commission were to be re- quired to impose these conditions on any subsequent applications it would need to be based on policy adoption by directive from the City Council. The Mayor indicated the previous motion by the City Council would be sufficient and should also be considered as adopting these standards as policy. 4U,J In Room 201 of the City of San Rafael, Friday, November 7th, 1969 at 5:00 P.M. Special Meeting: RE: CORPORATION YARD - File 12-4 x 4-1-15 Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Fred C. Robbins, Jr., Councilmam Absent: John A. Miskimen, Councilman Mayor Bettini stated that Merz Bros. wished to withdraw their bid. Architect Robert Severin reported that he and Public Works Director, Norris Rawles had studied the bids received. Colombini Construction Company was awarded the contract a s follows: $ 179,800.00 Base Bid - 16,000.00 Alternate #1 163,800.00 + 12,300.00 Alternate #3 - 3 additional bags $ 17� 100.00 Total Bid Price Motion was made by Councilman Jensen, seconded by Councilman Barbier, to adopt Resolution No. 3840. RESOLUTION NO. 3840 - RESOLUTION OF AWARD OF CONTRACT. (Colombini Construction Company) Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PLANS AND SPECIFICATIONS - NINE OR MORE 1970 SPECIAL POLICE PATROL AUTOMOBILES - File 4-2-83 RESOLUTION NO. 3841 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR NINE OR MORE 1970 SPECIAL POLICE PATROL AUTOMOBILES. (Bid Opening December 1st, 1969) Ayes: Councilmen: Barbier, Jensen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen Motion was made by Councilman Robbins, seconded by Councilman Barbier, to adopt Resolution No. 3841. Council adjourned. MARION A. GRADY, City Clerk Approved this 171,1- day of ��/ GCC�•� ` �G�L MAYOR OF THE CITY OF SAN RAFAEL 4 J 4 In the Council Chambers of the City of San Rafael, November 17th, 1969 at 8:00 o'clock 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 RE: APPROVAL OF MINUTES Motion was made by Councilman Jensen, seconded by Councilman Robbins, the minutes of November 3rd and 7th, 1969, a true and correct copy having been heretofore submitted to each member, were approved. RE: DRAINAGE AND SANITARY SEWER IMPROVEMENTS PROJECT 42 - 2007 (69.118-4) - File 12-6 x 4-1-158. The following bids were received and opened: Forde Construction Company $ 13,905.20 Maggiora & Ghilotti 15,354.50 Soiland Company, Inc. 18,208.00 Everson Construction Company 25,390.00 Motion was made by Councilman Jensen, seconded by Councilman Robbins, Resolution No. 3842 be adopted. RESOLUTION NO. 3842 - RESOLUTION OF AWARD OF CONTRACT. (Forde Construction Company) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - VARIANCE PERMIT V-69-21 - VIRGINIA ESCALLIER - File 10-4 Public hearing was declared opened. Planning Director, Herbert Hotcher explained to the council that the use of this property for child care facilities had existed as an illegal use for many years prior to the recent ordinance amendment which limits the number of children to a maximum of 6 with a user permit. Colin C. Claxon, attorney for Mrs. Escallier spoke in behalf of the applicant explaining that this is the owners sole means of support, and that she has been licensed by the State for 10 children since 1959• Her home has been converted to meet building and fire requirements at a cost of about $15,000.00. Several of the neighbors spoke indicating that they had no o bjection to this use of the property. The hearing was declared closed. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that the appeal be sustained and the variance granted for 10 children. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - VARIANCE PERMIT V-69-22 - CATHERINE SITZMAN - File 10-4 Public hearing was declared opened. Planning Director, Herbert Hotchner stated that Mrs. Sitzman's application was for the care of 8 children and that it was similar to the Escallier application and that it had existed prior to the zoning ordinance amendment for child care facilities. Mr. Gil Medeiros, attorney for Mrs. Sitzman informed the council that this operation had been licensed by the State Depart- ment of Social Welfare since 1966. Mr. Robert Nickerson and other neighbors informed the council that they had no objection to this use. Mr. Robert Sitzman said that his wife is conforming to all regulations as best as possible and indicated that there were many child care facilities presently operating which are not licensed. A letter objecting to the variance was received from Mr. George B. Loveland. Public hearing was declared closed. Motion was made by Councilman Barbier, seconded by Councilman Robbins, that the appeal be sustained and variance for 8 children be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ABATEMENT PROCEEDINGS - 609 "D'' STREET - File 3-3— Chief Building Inspector, Jack K. Coates informed the council that a notice of hearing on the expenses for the demolition of the building at 609 D street had been posted upon the property and published in the newspaper and that the owner had received a notice by certified mail and a receipt had been returned No protests or objections had been received by the City Clerk in this matter. Motion was made by Councilman Barbier, seconded by Councilman Robbins, to adopt a resolution to con- firm the cost of demolition and ser up terms of payment. Pavuent to be made within one /gar. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 00 Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettin Noes: Councilmen: None Absent: Counc i 1 inen : 'done RE: POINT SAN PEDRO ROAD WIDENING - JOINT PROJECT PHASE IV - File 4-13-14 City Manager, James McCown was requested to contact the Marin County Board of Supervisors to set up a joint meeting at the earliest possible date. Letters and petitions are being compiled by the City Manager indicating favor of Alternate A or Alternate C. RE: EMPLOYEE BENEFITS - GROUP HEALTH, LIFE AND DISABILITY INSURANCE PROGRAM - File 7=1 Planning Director, Herbert Hotchner presented a recommendation of the Employees Association for a revised program of medical disability and life insurance. Mr. Frank Pierce, representative of Blue Cross and Mr. Jack Nixon, representing Mutual Benefit Life Insurance Company answered questions for the council. Motion was made by Councilman Jensen, seconded by Councilman Barbier, the matter was delayed two weeks for decision. RE: LIBRARY BOARD - File 9-2-3 A letter of resignation has been received from Philip F. Brown from the Library B oard. Motion was made by Councilman Robbins, seconded by Councilman Barbier, that the resignation be accepted with regrets and a letter sent to Mr. Brown thanking him for his service. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Mr. Halon P. Tharp and Mr. James H. Mayer be appointed to serve on the Library Board. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PURCHASE OF POLICE VEHICLES - File 4-2-83 City Manager, James McCown reported that the Chief of Police has requested an additional car for use as an unmarked vehicle. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that a compact car and radio be purchased for the Police Department. RE: BUSINESS LICENSE ORDINANCE - File 1-2 x 9-10 City Manager, James McCown reported to the City Council that the proposed business license ordinance was ready and had been endorsed by the San Rafael Chamber of Commerce. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Charter Ordinance No. 963 was pre- sented. An ordinance licensing the transaction and carrying on of certain businesses, trades, professions, call- ings, and occupations in the City of San Rfael for the purpose of raising municipal revenue, providing a penalty for violation thereof, and amending the code of the City of San Rafael and amending and/or re- pealing all ordinances or parts of ordinances in conflict herewith, and numbering Charter Ordi'nance No. 963 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: JOINT POWERS AGREEMENT WITH SAN RAFAEL SANITATION DISTRICT - File 4-12-6 Motion was made by Councilman Barbier, seconded by Councilman Miskimen, authorizing the Mayor and City Clerk to sign Joint Powers Agreement with San Rafael Sanitation District for Engineering and Administra- tion Service by City Personnel. RESOLUTION NO. 3846 A RESOLUTION AUTHORIZING THE SINGING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None i RE: FIRE COMMISSION RECOMMENDATIONS - File 9-2-5 City Manager, James McCown was asked to provide information as to what it would cost to place the maintenance of the fire alarm system under some other department as requested by the Fire Commission as the Captain now in charge of fire alarm maintenance is needed full time in the fire department. RE: TRAFFIC SIGNALS - LINCOLN AND PALOMA AVENUE - File 11-10 x 4-1-159 I RESOLUTION NO. 3844 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR I, PROJECT 41-2019 (69.311-6) INSTALLATION OF TRAFFIC SIGNALS AT PALOMA & LINCOLN AVENUES. (Bid Opening December 1st, 1969); Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Robbins, to adopt Resolution No. 3844. 4�lb RE: PARKING AND PARKING LIMITS - EAST SIDE OF "G" STREET BETWEEN SECOND AND FOURTH STREETS - File 11-8 Director of Public Works, Norris Rawles reported that the Traffic Committee recommends "No Parking Any- time" sign be placed on th- east side of "G" Street between Second and Fourth Streets with the under- standing that "G" Street be given first priority in street widening program, thence parking restored at that time. The matter was postponed until December 1st, 1969 in order that the people on both sides of "G" Street could be notified of this action. RE: SAN RAFAEL CANAL - File 12-10 Director of Public Works, Norris Rawles was granted permission to continue negotiating with West Coast Dredging Company to get a cost of dredging the turning basin and the canal between Grand Avenue and the Irwin Street bridge which is not part of Army Corps of Engineers job. City Engineer, Ely Caillouette, Jr. presented a tentative plan to the council for additional disposal site for spoils from dredging private property adjacent to the canal. Motion was made by Councilman Jensen, seconded by Councilman Robbins, that the tentative plan be approv ed subject to Public Works condition. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Barbier, that West Coast Dredging be granted the use of City property adjacent to the canal turning basin for a contractors storage yard with Public Works Department control. Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC SIGNAL INSTALLATION - PROJECT 41-2015 (69.307-2) - File 11-10 x 4-1-154 Motion was made by Councilman Barbier, seconded by Councilman Jensen, that Resolution No. 3843 be adopted. RESOLUTION NO. 3843 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. (Extended to and includ- ing the 17th day of November, 1969) Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT NO. 185 - WILLIAM A. LOVE, 43 TAN OAK CIRCLE - File 2-11 Request of William A. Love to place a 2 to 2-1/2 foot open wooden fence 8 inches in from sidewalk across lot frontage because of steeep downslope from back of sidewalk into lot was presented. Motion was made by Councilman Robbins, seconded by Councilman Jensen, to grant Encroachment Permit No. 185. RE: CLAIM FOR PROPERTY DAMAGE - PACIFIC TELEPHONE & TELEGRAPH - File 3-1 Councilman Barbier requested to be excused from the meeting. Motion was made by Councilman Robbins, seconded by Councilman Jensen, claim of Pacific Telephone & Tele- graph Company for damage to underground facilities which occurred on Main Drive off of San Pedro on November 6, 1969 be denied. Ayes: Councilmen: Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barb ier Councilman Barbier returned to the meeting. RE: ANNEXATION - VICTOR Z. HANSON ANNEXATION - File 5-2-47 A resolution of the Local Agency Formation Commission of the County of Marin authorized the annexation proceedings to proceed without notice, without hearing and without election. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Resolution No. 3845 be adopted. RESOLUTION NO. 3845 - RESOLUTION APPROVING ANNEXATION TO THE CITY OF SAN RAFAEL OF UNINHABITED TERRITORY LYING ADJACENT THERETO DESIGNATED AS "VICTOR Z. HANSON ANNEXATION" Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ANIMAL CONTROL - File 13-3 The sum of $5,442.00 was appropriated from reserve funds as the city's share to offset the deficit for in- creased services of the new animal control program by the Humane Society. RE: FINANCE OFFICER - File 9-3-20 City Manager, James McCown reported that the end of the month would be the cut off period for receiving 4,94 applications for the position of Finance Officer. A selection board consisting of County Treasurer, -County Auditor, City Auditor, and City Manager would meet to review the applications between the period of December lst, and 15th and a selection would be made at that time. RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Robbins, to place the following personnel on the regular payroll as Patrolman commencing December 1st, 1969 at the monthly salary of $757.00, Range 14a -A, to fill existing vacancies. (a) Michael P. Costello (b) Ward G. Hayter Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Barbier, thirty days leave without pay be granted to Chester McQueary, Parks and Recreation Department. AYES: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Absent:Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to promote Fireman Gordon Westrum to position of Engineer at s alary Range 16-D, effective November 1, 1969 and certify the re- maining successful three (3) firemen as an eligibility list for Fire Department Engineer. (1) - Lawrence Kline (2) - Michael Tompkins (3) - Robin Hadley Ayes: Councilmen: Barbier, Jensen, Miskimen, Robbins, and Mayor Bettini Noes: Councilmen: None Abeent:Councilmen: None RE: ELECTIONS - File 9-4 City Attorney, David Menary was authorized to check date requirements and hiring of a bonding attorney for the bond issue for the April Election. It is also suggested that the election be combined with any other election that may be held in the County at that time. RE: COAST GUARD FOG HORN - File 13-9 City Manager, James McCown was requested to obtain from the Coast Guard information about the fog horn hear Richmond which is disturbing residents in East San Rafael area. ITEMS HELD OVER: (a) Golf Course - File 12-15 (b) Court House Site - File 124 All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated November 17th, 1969,and Advice on Payroll dated November 20th, 1969, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 10,336.50 PARKS FUND 662.01 LIBRARY FUND 496.92 EMPLOYEE RETIREMENT 19,130.83 STORES FUND 47.06 CAPITAL IMPROVEMENT FUND 5,690.42 PARKING DIST. NO. 1 Fund 134.20 PUBLIC SERVICE DEPOSITS 25.00 (Refundable) $ 37,394.]ZT- Payroll: GENERAL FUND $ 89,927.41 PARKS FUND 3,868.49 LIBRARY FUND 4,061.50 $ 97, 857• D Council adjourned. MARION A. GRADY, City Clerk Approved this /QST dah of �E�� ��,, ��� 19 "6g MAYOR OF THE CITY 0F SAN RAFAEL 4`9�1 In the Council Chambers of the City of San Rafael, December lst, 1969 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: Fred E. Jensen, Acting Mayor Harry A. Barbier, Councilman Fred C. Robbins, Jr,, Councilman Absent: John.A. Miskimen and Mayor Bettini Motion was made by Councilman Robbins, seconded by Councilman Barbier, the minutes of November 17th, 1968, a true and correct copy having been heretofore submitted to each member, were approved. RE: BID OPENING - TRAFFIC SIGNALS AT PALOMA AND LINCOLN AVENUE - PROJECT 41-2019 (69-311-6) - File 11-10 x 4-1-159 The following bids were received and opened: Steiny & Mitchel, Inc. $ 12,200.00 L. H. Leonardi Construction 12,688.00 R. Flatland Company 12,870.00 Rosendin Electric 13,866.00 Motion was made by Councilman Robbins, seconded by Councilman Miskimen, the contract be awarded to Steiny & Mitchel, Inc., the amount to be appropriated from the General Fund Reserve. RESOLUTION NO. 3848 - RESOLUTION OF AWARD OF CONTRACT. (Steiny E Mitchel, Inc.) Ayes: Councilmen: Barbier, Robbins, Jr., and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Miskimen and Mayor Bettini RE: BID OPENING - NINE OR MORE 1970 SPECIAL POLICE PATROL AUTOMOBILES - File 4-2-83 The following bids were received and opened: Marin Dodge Nave Dodge $ 2,576.51 each 23,188.59 net plus 5% sales 24,348.06 tax $1,159.L7 $ 2,733.00 each 24,597.00 net plus 5% sales tax 25,826.85 Motion was made by Councilman Barbier, seconded by Councilman Robbins, contract awarded to Marin Dodge. RESOLUTION NO. 3849 - REsolution of Award of Contract. Ayes: Councilmen: Barbier, Robbins, Jr., and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Miskimen and Mayor Bettini RE: PARKING AND PARKING LIMITS - File 11-8 Acting Mayor Jensen declared the public hearing opened. Director of Public Works, Norris Rawles represent- ing the Traffic Committee recommended that the East Side of "G" Street between Second and Fourth Street be designated "No Parking". Residents and representatives of businesses in the vicinity spoke opposing the plan because of the loss of approximately 8 parking spaces. Norman Soldavini from West End Mark, Bill Bisson, West End Villa, Mrs. McGowan representing Treadwell properties, D cvid Menary and Sophie Lamperti spoke opposing the plan. They asked that the plan be postponed until the street can be widened in the next fiscal budget. Motion was made by Councilman Barbier, seconded by Councilman Robbins, that parking be permitted as it is now and the one hour time limit be enforced. Ayes: Councilmen: Barbier, Robbins, Jr. and Act ng Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Miskimen and Mayor Bettini RE: PUBLIC HEARING UP 69-95 and UP 68-51 (D) - DRAINAGE - File 10-5 Acting Mayor Jensen declared the public hearing open. City Engineer, Ely Caillouette, Jr. addressed the counc-1 regarding the use of Kerner-Bellam property and the Holiday Magic property as a spoils area for the dredging from the San Rafael Canal. The City Planning Commission had approved the use of these properties subject to a fill permit being issued by the Department of Public Works which would contain all the necessary conditions. Henry J. Ghilotti expressed concern over the need for ponding area with the winter rains approaching and also that the area might have to be dredged next year in the East San Rafael drainage assessment district project proposed. A letter from Dan Coleman Associates with a revised proposal for construction of levees to retain the spoils within the subject property was read by the City Engineer. This proposes that the surplus water from the dredging operation will be pumped out daily by a flooding pump and the ability of the remaining area to store water will be increased by installing an additional 30 inch pipe to the outer levee. Mr. Quin Ongaro suggested that the council require the post- ing of a bond for performance of the work to city specifications. Mr. Frank G. Merz also requested that a bond be required of the contractor. Mr. Bud Lowry and Mr. Glenn Wentz also addressed the council. 7 r- 49U Councilman Miskimen arrived at 8:35 P. m. The hearing was declared closed. Motion was made by Councilman Barbier, seconded by Councilman Robbins, regarding UP 68-51 (D) Kerner- Bellam, that the appeal be denied and that the use be granted subject to conditions imposed by the City Engineer and the issuance of fill permit. Ayes: Councilmen: Barbier, Robbins, Jr., and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini Councilman Miskimen abstained from the vote as he had not been present for the entire hearing. Motion was made by Councilman Robbins, seconded by Councilman Barbier, regarding UP 69-95 Holiday Magic, the appeal be denied, the use permit amended adding conditions to be set up by the City Engineer. Ayes: Councilmen: Barbier, Robbins, Jr., and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini Councilman Miskimen abstained from the vote as he had not been present for the entire hearing. RE: EMPLOYEE BENEFITS - GROUP HEALTH, LIFE AND DISABILITY INSURANCE PROGRAM - File 7-1 Planning Director Herbert Hotchner reviewed for the council the Employees Association recommendation to replace the present contract with California Physicians' Service to a plan with Blue Cross and Mutual Benefit Life Insurance, and with an optional plan with Kaiser Foundation. City Manager, James McCown read a letter from Redwood Empire Insurance Agencies, Inc. of this date regarding present coverage with Minnesota Mutual Llfe summarizing premiums and claims for the years 1966 through 1969 offering to con- tinue the plan at its present rate of $ .69 per $1,000.00, and offering a supplemental plan that would pay 1 times the annual salary on all employees except department heads who would be able to secure coverage that would equal 2 times annual salary at a monthly rate of $ .73 per $1,000.00. Mr. McCown read another letter from Redwood Empire Insurance Agencies this date regarding California Physicians' Service Group Medical Plan. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, that the city will adopt a medical bene fit program as follows: Blue Cross medical and hospitalization coverage; Mutual Benefit Life major medical; an option for Kaiser, the difference in cost to be paid by the employee; Mutual Bene- fit Life Insurance death benefit, with the city to pay for basic $5,000.00 and an option for supplemental coverage of two times annual salary for department heads and one times annual salary for others, the city and employee each to pay one-half if this option is taken; North American Life Insurance disability in- surance, optional, with city to pay initial $2.00 and employee to pay additional. Coverage under the new program to be effective January 1, 1970. Present carrier to be notifed that we are not going to re- new. Miskimen, Ayes: Councilmen: Barbier,/Robbins,Jr., and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RESOLUTION NO. 3850 - RESOLUTION AUTHORIZING THE APPLICATION FOR AND THE OBTAINING OF EMPLOYEE GROUP INSURANCE, DESIGNATING THE CITY'S SHARE OF THE COST THEREOF AND ALLOCATING FUNDS. Ayes ; Councilmen: Barbier, Miskimen, Robbins, Jr., and Acting Mayor Jensen Noes:: Councilmen: None Absent: Councilmen: Mayor Bettini RE: SAN RAFAEL DREDGING - File 12-10 up to in the amount of/$15,000. Motion was made by Councilman Barbier, seconded by Councilman Robbins, that funds/be appropriated from the General Fund for dredging the canal from Grand Avenue to Irwin Street and the turning basin. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Acting Mayor Jensen (Noes: Councilmen: None Absent: Councilmen: Mayor Bettini ,RE: POINT SAN PEDRO ROAD WIDENING JOINT PROJECT PHASE IV - File 4-13-14 Acting Mayor Jensen reported that there would be a meeting with Marin County Board of Supervisors Monday, December 8th, 1969. RE: BUSINESS LICENSE ORDINANCE - CHARTER ORDINANCE N0. 963 - FINAL ADOPTION - File 1-2 x 9-10 CHARTER ORDINANCE NO. 963 - An ordinance licensing the transaction and carrying on of certain businesses, trades, professions, callings, and occupations in the City of San Rafael for the purpose of raising muni- cipal revenue, providing a penalty for violation thereof, and amending the code of the City of San Rafael and amending and/or repealing all ordinances or parts of ordinances in conflict herewith, and numbering Charter Ordinance No. 963 was passed and adopted as an ordinance of the City of San Rafael by the follow- ing vote, towit: Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: UNIFORM SWIMMING POOL CODE - File 1-6 Chief Building Inspector, Jack Coates presented an ordinance adopting by reference the ''Uniform Swimming Pool Code'' 1967 Edition with certain changes to said code. In order for the council to study the suggested amendment, the matter was held over until the first meeting of January. 500 RE: COMMUNITY CENTER AND FIRE STATION - File 4-3-38 Robert Severin, Architect presented preliminary plans for the central Fire Station and Recreation Center Nhich plans had the endorsement of the Planning Commission. City Manager, James McCown was directed to work on the cost of land acquisition and toward a bond issue next June. RE: TAXICAB LICENSE - APPLICANT HARRY E. SCHULTZE - File 9-9 An application for a permit to operate and own a taxicab was made by HaRRY E. Schultze. Chief of Police Joseph Brusatori reported that his department had cl-ared the applicant and issued a license to operate a cab. The City Council felt that the amount of insurance required to be carried is too low and the municipal code should be amended to require higher limits. otion was made by Councilman Barbier, seconded by Councilman Robbins, permit to operate and own a taxicab e issued. yes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Acting Mayor Jensen oes: Councilmen: None bsent: Councilmen: Mayor Bettini RE: MISDEMEANOR CONTROL - File 13-8 hief of Police Joseph J. Brusatori presented an ordinance repealing Section 8.12.010 of the San Rafael unicipal Code pertaining to drunkenness in public places and Section 8.18.020 of the San Rafael Municipal ode pertaining to drunkenness within motor vehicles. In order to allow the council further study, the atter was set over to the meeting of December 15th, 1969. . PERSONNEL - File 7-5 City Manager, James McCown reported that a letter had been received from Dr. Harry 0. HUnd indicating that I has retired. Motion was made by Councilman Barbier, seconded by Councilman Robbins, that the resignation be accepted Ileffective December 31st, 1969, and that the County of Marin be contacted regarding taking over duties being performed by the City Health Officer. Motion was made by Councilman Barbier, seconded by Councilman Robbins, Jack W. Seto be placed on the re- gular payroll as an Associate Planner commencing December 8th, 1969, at the monthly salary of $815.00, Range 16, Step A. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini Motion was made by Councilman Barbier, seconded by the position of Captain in the Police Department. total high score to be given promotion. Councilman Miskimen, that an examination be held for Test be limited to Lieutenants 6O% oral, 40% written, Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: SAN RAFAEL SANITATION DISTRICT - File 12-7 Councilman Fred E. Jensen announced his resignation from the San Rafael Sanitation District Commission. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that Councilman Barbier be appointed to the San Rafael Sanitation Commission in Mr. Jensen's place. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: GARAGE - EQUIPMENT - POLICE DEPARTMENT - File 9-3-80 'Motion was made by Councilman Barbier, seconded by Councilman Miskimen, that the Police Department be iauthorized to purchase 2 Walkie/Talkies at $655.00 each, funds to be transferred from the unappropriated 'surplus. Ayes: Councilmen: Barbier, Miskimen, Robbins, Jr., and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: CIVIL;. DEFENSE - File 13=11 City Manager, James McCown reported that a program paper is being prepared to present to the County in order that we may participate in the Marin County Civil Defense for the second half of this fiscal year. Items Held Over: (a) Golf Course - File 12-15 (b) Court House Site - File 124 (c) Bond Issues for April Election - File 9-4 All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated December 1st, 1969, and Advice on Payroll dated December 5th, 1969, and now on file in Finance Office to which reference is hereby made for further particulars: Claims: GENERALFUND $ 13,517.12 PARKS FUND 412.05 LIBRARY FUND 1,992.75 EQUIPMENT & REPLACEMENT FUND 2,072.82 STORES FUND 44.94 CAPITAL IMPROVEMENT FUND 10,591.98 PARKING DISTRICT NO. 1 FUND 500.00 $29,131.66 Payroll: GENERAL FUND $ 99,189.36 PARKS FUND 3,931.00 LIBRARY FUND 3,882.88 $107,003.2ZT Council adjourned to Monday, December 15th, 1969. Approved this FRED E. JENSEN, MARION A. GRADY, City Clerk,' / 5--tK- day of Z-�g ACTING R OF THE CITY OF 19_L`- �j V -L In the Council Chambers of the City of San Rafael, December 15th, 1969 at 8:00 P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barb ier, Councilman Fred E. Jensen, Councilman Absent: John A. Miskimen, Councilman Fred C. Robbins, Jr., Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, the minutes of December 1st, 1969, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT - SECTION 14.92.050 - REMOVING REQUIREMENT FOR MANDATORY PUBLIC HEARING - File 10-3 Public hearing was declared open. Planning Director Herbert Hotchner explained to the Council that the present requirement makes a public hearing mandatory when an application for zoning map amendment is denied by the Planning Commission. This amendment will permit a public hearing if the applicant requests such a hearing in writing within five days of the date on which the Planning Commission took action. No one else appearing either for or against the amendment, the hearing was declared closed. An ordinance of the City of San Rafael amending Section 14.92.050 of the San Rafael Municipal Code so that it is not mandatory for a public hearing to be held by the City Council when the Planning Commission has recommended that an application to amend the zoming map be denied, and numbering Charter Ordinance No. 964 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen and Robbins, Jr. RE: MISDEMEANOR CONTROL - File 13-8 City Attorney, David Mena ry, Jr. explained to the Council that the present sections of the Municipal Code which deal with drunkenness in public places and drunkenness in motor vehicles are unconstitutional as the State pre-empts the field of ''intoxication'' and suggested that these sections be removed from the Code. An ordinance of the City of San Rafael repealing Section 8.12.010 of the San Rafael Municipal Code pertain- ing to drunkenness in public places and Section 8.18.020 of the San Rafael Municipal Code pertaining to drunkenness within motor vehicles, and numbering Charter Ordinance No. 965 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen and Robbins, Jr. City Councilman Fred Robbins, Jr. arrived. RE: CITY HEALTH OFFICER - ANIMAL PERMITS - File 13-3 x 9-3-19 City Manager, James McCown discussed the vacancy in the position of Health Officer and recommended that a ninety day moratorium be ordered on animal permits in order to amend Chapter 6.04 of the Municipal Code. An urgency ordinance prohibiting the issuance of permits to keep poultry and animals until after March 15th, 1970, and numbering Charter Ordinance No. 966 was read in full by City Attorney David Menary, Jr. and adopted by the following vote, towit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: VEHICLES FOR HIRE - File 9-9 Mr. Robert Jennings addressed the council pointing out that in requesting a taxicab permit, the applicant Mr. Harry E. Schultze, had failed to show that a need existed for additional taxicab service in San Rafael and the council had not declared that public convenience requires the licensing of such a vehicle Mr. Schultze stated that there is a need for service both at the bus depot and between San Rafael and Santa Venetia. Motion was..made by Councilman Barbier, seconded by Councilman Jensen, that the application of Mr. Harry E. Schultze to town and operate a taxicab in San Rafael be denied. Ayes: Councilmen: Barbier, Jensen, and Mayor Bettini Noes: Councilmen: Robbins, Jr. Absent: Councilmen: Miskimen An ordinance of the City of San Rafael increasing the amount of the bond or insurance required of a vehicle for hire and numbering Charter Ordinance No. 967 was read, introduced and ordered passed to print by the following note, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: COMMENDATIONS - BARRY BOVEE - File 102 Motion was made by Councilman Robbins, Jr., seconded by Councilman Jensen, the City Manager have a Civic Award prepared to present to Mr. Barry Bovee at the next council meeting, commending him for his heroic action in saving the life of Bob Metzger on November 13, 1969. Ayes: Councilmen: Barber, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: VEHICLES FOR HIRE - NECESSITY FOR CITIZENSHIP FOR TAXI DRIVERS LICENSE UNCONSTITUTIONAL - File 9-9 An ordinance of the City of San Rafael deleting the requirement that an applicant for a taxi driver's license be a citizen of the United States and numbering Charter Ordinanc e No. 968 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Robbins, Jr. and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: AGREEMENT - STATE OF CALIFORNIA FOR REPAIR OF STORM DAMAGE TO CITY STREETS - File 4-10-47 Director of Public Works Norris Rawles presented an agreement arranging for State financial assistance to City of San Rafe] for repairs to city streets damaged by storms of January and February, 1969. RESOLUTION NO. 3851 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Counc ]men: None Absent: Councilman: Miskimen RE: AGREEMENT - STATE OF CALIFORNIA DIVISION OF HIGHWAYS - RELOCATION OF CITY SEWERS - File 4-10-48 Director of Public Works Norris M. Rawles presented Agreement No. 523.51 with State of California for relocation of City sewer facilities necessary to clear freeway construction between south of Irwin Street and North of Mission Avenue. RESOLUTION NO. 3852 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMTN. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Ma yor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ENCROACHMENT PERMIT NO. 186 - MRS. JAMES GHILOTTI„ OWNER OF DEL REENO MEAT MARKET - File 2-11 Director of Public Works, Norris M. Rawles recommended council approval for encroachment permit for ornamental wood shake overhang which will encroach two (2) feet into the right-of-way across the frontages of Fourth Street and Ida Street. Motion was made by Councilman Jensen, seconded by Councilman Barbier, Encroachment Permit No. 186 be granted. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: TAXICAB RATES - File 9-9 Motion was made by Councilman Robbins, Jr., seconded by Councilman Jensen, the taxicab rates filed by San Rafael Taxi Cabs, Inc. be accepted and placed on file. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: FINANCE DIRECTOR - File 9-3-20 City Manager, James McCown announced that the oral review board would interview candidates for the position of Finance Director on Tuesday, December 16th, 1969. RE: COMMENDATION - CARL J. BROWN OF THE SAN RAFAEL BOARD OF EDUCATION - File 101 Motion was made by Councilman Jensen, seconded by Councilman B arbier, the City Manager to send a letter to Carl J. Brown expressing complete agreement with his statement regarding moral decay in the nation, the schools and homes. Ayes: Councilmen: Barbier, Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: LEAGUE OF CALIFORNIA CITIES - APPOINTMENT TO COMMITTEE - File 9-11-1 City Clerk Marion Grady reported that a letter had been received advising that League President Edwin W. Wade had appointed Councilman Harry A. Barbier to the Committee on Urban Environmental Quality. 16-� All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated December 15th, 1969, and Advice on Payroll dated December 19th, 1969, and now on file in Finance Office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT FUND EQUIPMENT & REPLACEMENT STORES FUND CAPITAL IMPROVEMENT FUND PARKING DISTRICT FUND Payroll: Council adjourned. Items Held Over: GENERAL FUND PARKS FUND LIBRARY FUND $ 51,768.71 1,191.40 1,194.59 19,730.88 2,353.36 697.00 27,705.46 13,945.74 $118,587.14- $ 125,856.46 3,898.51 4,o59.00 133,813-97 ))"2"'e - �6 — MARION A. GRADY, City Clerk Approved this day of 19 7v s MAYOR OF THE CITY OF SAN RAFAEL (a) Appointment of Finance Director - File 9-3-20 (b) Goof Course - File 12-15 (c) Court House Site - File 124 (d) Bond Issues for April Election - 9-4 11 � v � In Room 201 City Hall, City of San Rafael, Friday, December 19th, 1969. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Fred C. Robbins, Jr., Councilman Absent: Harry A. Barbier, Councilman John A. Miskimen, Councilman RE: SAN RAFAEL CREEK DREDGING - PROJECT 43-2016 (70.124-3) - File 4-1-160 11'-2-1 d Director of Public Works, Norris M. Rawles presented Plans and Specifications for San Rafael Creek Dredg- ing. RESOLUTION NO. 3853 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 43-2016 (70.124-3) SAN RAFAEL CREEK DREDGING. Bid Opening January 5th, 1970 8:00 P.M.) Ayes: Councilmen: Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen MARION A. GRADY, City Clerk Approved this �j ��i. day of ✓a u « 19 70 Y OF SRAFAEL MAYOR OF THE CIITA In Room 201 of the City of San Rafal, Monday, December 29th, 1969 at 5:10 P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Fred C. Robbins, Jr., Councilman Absent: Harry A. Barbier, Councilman John A. Miskimen, Councilman RE: DRAINAGE AND FLOOD CONTROL - File 12-9 Director of PUblic Works Norris M. Rawles submitted a report to the City Council regarding the flood conditions during the recent storm, and stating that the Independent Journal editorial blaming lack of maintenance of the City's storm sewer system as the cause of flooding was not factual. He also recom- mended that the Council consider some means of constructing the entire recommended Cotton and Coleman Drainage Plans for flood control. RE: SANITARY SEWER IMPROVEMENTS - File 12-6 Motion was made by Councilman Jensen, seconded by Councilman Robbins, Resolution No. 3854 that Norris M. Rawles be authorized to execute and file an application on behalf of the City of San Rafael with the Department of Housing and Urban Development, United States Government, for a grant to aid in financing the construction of sanitary sewer improvements involving the reconstruction of portions of the existing sewer system, and an assurance of compliance with the Department of Housing and Urban Development reguala- tions under Title VI of the Civil Rights Act of 1964, and that Norris M. Rawles, Director of Public Works be authorized and directed to furnish such information as the Department of Housing and Urban Development may reasonably request in connection with the application which is herein authorized to be filed. Ayes: Councilmen: Jensen, Robbins, Jr., and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier and Miskimen MAR+I'ON A. GRADY, City Clerk LLL --- Approved this 57�IL day of ,/�,, uli 19 7o _1404-C MAYOR OF THE CITY OF SAN RAFAEL